Forsha v. Nebraska Moline Plow Co.

This case ivas first tried with a jury, and upon appeal to this court the judgment was reversed (89 Neb. 770), *513and motion for rehearing was overruled (90 Neb. 736). Upon the second trial in the district court the jury were instructed to find in favor of the plow company and a verdict was rendered thereon. The plaintiff has appealed.

The second trial was upon the same pleadings and evidence. The evidence upon the former trial was read from the bill of exceptions. The question presented is as to the instruction in favor of the plow company. It is insisted that the former decision was that the…