Burk v. Dempster
Nebraska Supreme Court
Error to the district court for Fillmore county. Tried below before Morris, J. cited: Addison, Torts [4th Ed.], 33; Search u.
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Error to the district court for Fillmore county. Tried below before Morris, J. cited: Addison, Torts [4th Ed.], 33; Search u. Miller, 9- Neb., 30; Altschuler v. Algaza, 16 Id., 635; 1 Bouv., L. Die., “Bailee.” cited: 2 Parson, Conts., 88, 96; 4 Lawson, Rights & Remedies, p. 2903, sec. 1695; Story, Bailments [8th Ed.], p. 46, sec. 44a; Id., p. 76, sec. 83a; Id., p. 82, sec. 87; Dale v. Brinckerhoff, 7 Daly [N. Y.], 45; O'Brien v. JR. Co., 3 Pa., 76; Bizzell v. Booker, 16 Ark., 308; Persch v. Quiggle, 57 Pa. St., 247; Cumins v. Wood, 44 111., 416; Funkhouser r. Wagner, 62 III, 59.
1Opinion of the CourtNorval, J.
This is an action brought by John A. Dempster to recover damages for the breaking of his stove. Upon the trial in the district court the jury found for the plaintiff and assessed his damages at $5. -The defendant brings the case into this court for review by petition in error.
The first ground urged by counsel for plaintiff in error for a reversal is, that the verdict is not sustained by the evidence. The testimony on the part of the plaintiff below tends to show that in 1887 he sold to the Geneva Exchange Bank a certain store building situated in the city of Geneva; that at the time he owned…
2Cited by3 opinions
- White v. BurkeWashington Supreme Court · 1948
- Beauchamp v. LeypoldtNebraska Supreme Court · 1922
- G. A. Crancer Co. v. CombsNebraska Supreme Court · 1914