HUNT v. CHICAGO, BURLINGTON & QUINCY RAILROAD CO.

No. 36162.

143 N.W.2d 263 (1966)

180 Neb. 375

Willard HUNT, Appellee, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Nebraska.

June 3, 1966.


Attorney(s) appearing for the Case

Curtis & Curtis, Imperial, for appellant.

Daniel E. Owens, Benkelman, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and KUNS, District Judge.


KUNS, District Judge.

Plaintiff brought this action against defendant to recover damages alleged to have been caused by the negligent maintenance of a drain under defendant's railroad track in Enders, Nebraska. Defendant denied liability. Upon evidence introduced by the plaintiff only, the case was submitted to the jury, which returned a verdict for plaintiff in the amount of $2,500. Defendant's motion for new trial was overruled, and it has appealed, assigning error...

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