Lamberth v. Omaha & Council Bluffs Street Railway Co.

The following opinion on motion for rehearing was filed. January 18, 1946. Former opinion modified; former judgment vacated and set aside and judgment affirmed.

Heard before Simmons, C. J., Paine, Carter, Messmore, Yeager, Chappell, and Wenke, JJ. Carter, J.

This is an action to recover for personal injuries sustained by plaintiff in a collision between plaintiff’s truck and defendant’s street car. In a previous opinion ante, p. 213, 19 N. W. 2d 164, we reversed a judgment for the defendant and remanded the case for a new trial because of error-in the giving of instruction number six. After a…