Benson v. Peters

This is the second appeal in this case. . The opinion upon the former appeal is reported in 82 Neb. 189, where a sufficient statement of the nature of the case may be found. Upon the first trial the plaintiff recovered a judgment which was reversed in the opinion referred to. Upon another trial in the district court the judge, after hearing the evidence, instructed the jury to find a verdict for the defendant, and the plaintiff has appealed.

The plaintiff insists that the evidence was sufficient to require that the case be submitted to the jury, but at the same time it is conceded that the…