LINENBRINK v. CHICAGO & NORTH WESTERN RAILWAY CO.

No. 35745.

131 N.W.2d 417 (1964)

177 Neb. 838

Henry LINENBRINK, Appellee, v. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellant.

Supreme Court of Nebraska.

November 20, 1964.


Attorney(s) appearing for the Case

Gaines, Spittler, Neely, Otis & Moore, Omaha, Richard L. Spittler, Valentine, for appellant.

Quigley & Quigley, William S. Dill, Valentine, Healey, Healey & Goth, Lincoln, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH and BROWER, JJ., and ROBERT L. FLORY and ROBERT L. SMITH, District Judges.


CARTER, Justice.

This is an action to recover the value of two bulls which were killed by defendant's train on or about September 16, 1961. The trial court sustained plaintiff's motion for a summary judgment and entered judgment for plaintiff in the amount of $1,190 with interest and costs. The defendant has appealed.

The essential facts are stipulated as follows: The two bulls were of the value of $1,190 on the day they were killed. The defendant did not...

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