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ANDERSON v. NINCEHELSER

No. 32790.

44 N.W.2d 518 (1950)

153 Neb. 329

ANDERSON v. NINCEHELSER.

Supreme Court of Nebraska.

November 10, 1950.

Attorney(s) appearing for the Case

Betty Peterson Sharp, Nebraska City, for appellant.

Armstrong & McKnight and Dwight Griffiths, all of Auburn, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

MESSMORE, Justice.

At the conclusion of the plaintiff's evidence the trial court sustained a motion of the defendant 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

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