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82 Neb. 189

Benson v. Peters

Nebraska Supreme Court

Decided July 17, 1908

Nebraska Supreme Court · decided 1908-07-17

<p>Master and Servant: Action for Injuries: Directing Verdict. In an action to recover damages for a personal injury, the defendant is entitled to a directed verdict when the evidence is insufficient to show that the alleged negligence was the proximate cause of the in-jury.</p>

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1908-07-17

How this case has been cited

Cited by 5 later decisions — most recently June 1944

5 state decisions

2019081910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Reese, J.,

¶1dissenting.

¶2It is not necessary that I enter upon a full discussion of the evidence in this case. The verdict was for $250, which clearly indicates that it was not the result of sympathy, passion or prejudice. No objection is found to the rulings of the court during the introduction of the evidence, nor to any of the instructions given to the jury for their guidance in their deliberations. In addition to the oral evidence introduced upon the trial the jury were' sent to the place where the alleged accident occurred and an examination of the premises was made by them. It was shown and conceded that there liad been no change in conditions at and surrounding the elevator, but that they were the same in all respects as when plaintiff alleges that she received the injury complained of. The investigations and observations of the jury constituted a part of the evidence in the case. I am wholly unable to see why the verdict should be molested.

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