O'Hara v. Davis

This case is here for the second time. At the first trial evidence was taken and both parties rested. A motion of defendant to direct a verdict in its favor was sustained, and the action dismissed. On appeal to this court the judgment was reversed and the cause remanded for further proceedings. O’Hara v. Hines, 108 Neb. 74. Upon a second trial plaintiff recovered ,a judgment for $46,840.11, and from this judgment this appeal is taken.

*616The evidence upon the second trial is substantially the same as that produced at the first trial, the substance of which is set forth at length in the former…