87 Neb. 794 | Neb. | 1910
This is an action to recover for personal injuries alleged to have been 'sustained by the plaintiff in consequence of the carelessness and negligence of an employee
The only point argued in the brief is that the court erred in giving instruction No. 9. An examination of the motion for a new trial discloses that the giving of this instruction was not assigned as error therein. This being so, the settled practice of this jurisdiction is that the alleged error cannot be reviewed in this court. Dunphy v. Bartenbach, 40 Neb. 143; Hedrick v. Strauss, Uhlman & Guthman, 42 Neb. 485; Phœnix Ins. Co. v. King, 52 Neb. 562; Tarpenning v. Knapp, 79 Neb. 62.
The question of whether or not the defendant employee was negligent was submitted to the jury upon conflicting evidence under appropriate instructions, and the jury were evidently of opinion either that no negligence was shown or that the plaintiff’s own negligence directly contributed to the accident. All the facts and circumstances surrounding the collision were detailed by the witnesses, and the evidence would have justified a verdict either way. The case seems to have been fairly tried. The judgment of the district court must be
Affirmed.