Rosenbaum Bros. v. Russell

For a statement of the facts in this case we refer to the opinion filed when it was before the court upon a petition in error by Russell, the present defendant in error. (Russell v. Rosenbaum, 24 Neb., 769.) After the case was remanded to the district court an amended answer was filed by the plaintiffs in error, in which they allege that the C., B. & Q,. R. Co. has paid to them the full amount of the rebates claimed. Whereupon the railroad company was dismissed from the suit and the action prosecuted against them. A second trial resulted in a verdict for the plaintiff below under direction of…