Chicago, Burlington & Quincy Railroad v. Kellogg

76 N.W. 466, 55 Neb. 754, 1898 Neb. LEXIS 654

Opinion

Sullivan, J.

After having again carefully examined the record in this case, we see no reason for receding from the conclusions announced in the former opinion reported in 54 Neb. 138. The evidence is conflicting and, under a well established rule of practice, we are not warranted in interfering with the finding of the trial court, although we are inclined to think it should have found in favor of the railroad company. The judgment of the district court will stand

AFFIRMED.