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ELLIOTT v. BRANDT

No. 34117.

83 N.W.2d 767 (1957)

164 Neb. 790

James ELLIOTT, Appellant, v. William BRANDT, Jr., Appellee.

Supreme Court of Nebraska.

June 14, 1957.

Attorney(s) appearing for the Case

Healey, Davies, Wilson & Barlow, L. Kenneth Cobb, Lincoln, Francis M. Casey, Plattsmouth, for appellant.

Van Pelt, Marti & O'Gara, Lincoln, Smith & Lebens, Plattsmouth, Emory P. Burnett, Lincoln, for appellee.

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

MESSMORE, Justice.

This is an action for damages brought in the district court for Cass County by James Elliott, plaintiff, for injuries alleged to have been sustained by him as the result of an assault and battery committed upon his body by William Brandt, Jr., defendant. The case was tried to a jury resulting in a verdict for the defendant. The plaintiff filed a motion for new trial. From the order overruling the motion for new trial, the plaintiff appealed.

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