48 Neb. 141 | Neb. | 1896
During tbe fall of 1891 tbe defendant in error was operating wbat is generally designated a “steam-tbresber,” and with it tbresbed grain for tbe plaintiff
Prior to the trial, an application was made on behalf of the plaintiff in error for a continuance of the case. This was in the usual form of a motion supported by affidavit. The application was made on March 7, 1893, and it was stated in the affidavit accompanying the motion that one Frank Ribley was a material witness for the af-
The only further question is, did the trial court err in directing a verdict in favor of defendant in error, or in effect deciding and stating that the plaintiff in error had not produced any sufficient testimony to show that defendant in error or his.employes had been guilty of any negligence in . operating the engine and thresher, which had been the cause of the fire, or was there sufficient evidence on this point to require its submission to the jury as a question of fact for their determination? The evidence disclosed that the threshing was commenced either Wednesday or Thursday of the week, and that it was in progress on Friday until about 5 o’clock P. M., and again on Saturday. During all the time the work was done in one stack-yard, in which there were, in all, eight stacks of grain. The position of the engine was changed two or three times, and at each place in the stack-yard or field where it had stood there had been dumped or thrown out ashes and cinders, and in at least two of them live coals. On Saturday the wind was quite strong and carried with it loose straw, which it strewed around and over the
Reversed and remanded.