Fitch v. Martin

This is the third appearance of this case in our court. A sufficient statement of facts may be found in the opin*125ion of Judge Letton, 74 Neb. 538. Upon tbe last trial some additional evidence was produced by both plaintiff and defendant. The jury returned a verdict in favor of plaintiff for $1,426.92, and defendant appeals. Plaintiff prosecutes a cross-appeal.

1. Defendant argues that the evidence is so overwhelming that plaintiff’s claim is spurious that the judgment should be reversed and the cause ordered dismissed. While there is much that is unsatisfactory in the evidence adduced, there is…