Elliott v. Carter White-Lead Co.

William M. Elliott sued the Carter White-Lead Company to recover for personal injuries. At the close of the plaintiff’s testimony the jury, in obedience to an oral instruction of the trial court, returned a verdict for the defendant. A motion for a new trial ivas overruled, and judgment was entered against the plaintiff in accordance with the verdict. Subsequently, on motion of the defendant, an order was entered requiring that security for costs be given by the plaintiff, who prosecutes this error proceeding.

The defendant is the owner and operator of a factory in the city of Omaha for the…