Caster v. Moeller

Our opinion in this case is set out in Caster v. Moeller, ante p. 30, 125 N. W. 2d 89.

The defendant and appellee, Dallas Moeller, herein referred to as defendant, filed a motion for rehearing herein. He urges this court erred in remanding this cause for retrial on the issue of damages only contending the whole case should again be tried on all issues. His contention requires a clarification of our decision by supplemental opinion.

Defendant cites in support of this position the following prior decisions of this court, Cerny v. Paxton & Gallagher Co., 83 Neb. 88, 119 N. W. 14, and Harman v.…