SUNDET v. OLIN MATHIESON CHEMICAL CORPORATION

No. 36041.

139 N.W.2d 368 (1966)

179 Neb. 587

William O. SUNDET, Appellant, v. OLIN MATHIESON CHEMICAL CORPORATION, Appellee.

Supreme Court of Nebraska.

January 14, 1966.


Attorney(s) appearing for the Case

Haney, Walsh & Wall, Omaha, for appellant.

Cassem, Tierney, Adams & Henatsch, Charles F. Gotch, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.


SMITH, Justice.

While plaintiff was firing his rifle which contained in its chamber a cartridge allegedly manufactured by defendant, an explosion of the rifle injured him. This action for breach of warranty was dismissed by the district court on motion of defendant at the close of plaintiff's evidence-in-chief. We affirm the judgment on the ground of insufficient evidence that any defective condition of the cartridge existed at the time the cartridge case left defendant...

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