Parkins v. Missouri Pacific Railway Co.

This is the third time this case has been before this court for review. In the last opinion, written, by Mr. Commissioner Albert (76 Neb. 242), nearly all of the questions Avhich are noAV presented in the brief of the appellant were considered and determined. The case has again been submitted to a jury upon the issue whether the gravel furnished and to be furnished Avas in fact suitable in the judgment of the defendant’s superintendent for ballasting defendant’s roadbed. The evidence at this trial Avas substantially the same as at the former trials. The former opinions of this court, wherein…