Nye & Schneider Co. v. Snyder
Nebraska Supreme Court
Error from the district court of Adams county. Tried below before Beall, J. The facts are stated by the commissioner. Where the misconduct of a juror is of such a nature that prejudice might have resulted from it, a presumption of prejudice arises, which, unless rebutted by the successful party, will require the granting of a new trial. (2 Thompson, Trials 1981; Johnson v. Root, 2 Clif. [U. S.J 108; Nesmith v. Olinton Fire Ins. Go., 8 Abb.
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Error from the district court of Adams county. Tried below before Beall, J. The facts are stated by the commissioner. Where the misconduct of a juror is of such a nature that prejudice might have resulted from it, a presumption of prejudice arises, which, unless rebutted by the successful party, will require the granting of a new trial. (2 Thompson, Trials 1981; Johnson v. Root, 2 Clif. [U. S.J 108; Nesmith v. Olinton Fire Ins. Go., 8 Abb. Pr. [N. Y.j 141.) It was the duty of the buyer to make all reasonable exertions to render the injury as light as possible, after he discovered the defects…
1Opinion of the Court
Irvine, O.
Sylvester S. Snyder purchased from the Nye & Schneider Company certain material known as “Ivory Cement,” wherewith he plastered a dwelling in course of erection for his own use. The result being unsatisfactory, he brought this action against the Nye & Schneider Company to recover damages. In one count of his petition he averred a warranty that the material was suitable, fit, and .especially adapted to the plastering of said house, charged as a breach that the material was unfit and unsuitable and that the plastering soon fell from the ceilings and walls, and claimed certain…
2Cases cited6 opinions
- Wachsmuth v. Orient InsuranceNebraska Supreme Court · 1896
- Peterson v. SkjelverNebraska Supreme Court · 1895
- Beavers v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1896
- Riverside Coal Co. v. HolmesNebraska Supreme Court · 1893
- Hammond v. EdwardsNebraska Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wolf v. WolfCourt of Appeals of Texas · 1924
- Ewing v. LunnSouth Dakota Supreme Court · 1908
- Dickenson v. Columbus State BankNebraska Supreme Court · 1904
- Budd v. MutchlerSuperior Court of Pennsylvania · 1929
- Wolf v. WolfCourt of Appeals of Texas · 1924