Anderson v. Nincehelser

At the conclusion of the plaintiff’s evidence the trial court sustained a motion of the deféndant to dismiss the plaintiff’s cause of action on the ground that the evidence was insufficient to make a case for the jury. We reversed the judgment and remanded the cause for new trial, holding that the plaintiff presented a prima facie case sufficient to go to the jury.

In the original opinion reported in 152 Neb. 857, 43 N. W. 2d 182, quoting from Engel v. Chicago, B. & Q. R. R. Co., 111 Neb. 21, 195 N. W. 523, we stated the law to be: “ ‘Where there is no eyewitness, no direct evidence of the…