Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-03-25
Proceedings Of the Supreme Court

esuse of action aecrues. does not apply
| 10 an action for trespass upon the person
Of plaintiff resulting in her pregnancy
and in the subsequent birth OF q oasta'u
child.
2 In a civil action for such trespass:
the weight OF evidence that plainult
made no outcry when assaulted, and tnst
for a time she did not complain OF me
assault is for the jury. where her tesu-
mony tends TO show that she resisted de-
PENDENT 10 the extent Of her ability.
3 The rule that, in eivil sctron, ras
any issue, applies TO a civil action Ter
such a trespass.
1859. BARNARD against BARNARD, ap-
peal, Boone, affirmed. Sedgwick, J.
/. The evidence is found to be nsu1.
ficient TO support a Judgment in favor OF
the plaintiffs, and that being the only
question presented, the judgment OF tne
district court, dismissing the action Is
affirmed.
1850. Goodyear Tire and Rubber COM
pany against Bacon. Appeal, Dousias.
Affirmed. Fawcett, ].
l. Section S4s of the code defines the
circumstances under which books OF &C
count are receivable in evidence Inc
evidence in the case at har examined.
and held entirely insufficient TO bring the
offer OF plaintiffs books OF account
within the provisions Of said section
2 Evidence examined. and held SUI.
| ffcient to sustain the action OF the trial
court in directing the verdict.
1856. Amend against Lincoln & North
Western Railway company. Appeal. Ian
caster. Affirmed. Reese, c j. Rose.
| j.. took no part in the decision.
l. What is known. in law as the ACT
| Of God" Is an accident or unexpected
occurrence due directly and exclusively
to natural causes. without human inter-
yention. the resulting injury or damage
| 10, 49, "A ~ r0nfr1 htItad
to by the hand OF man. II q resulting
! injury is In part produced by the wrong
| full or negligent act Of any person, such
| person will be held liable therefor.
3 Whether the natural connection OF
events is maintained or interrupted by
| the introduction of new and independ-
ent cause Is usually question OF fact
and not Of law" ST. Joseph & Grand
| Island Railroad company against Hedge.
"A Neb., as. s.. n. W. So.
g. Where a good faith effort, without
negligence. is made to rescue one from a
place OF danger. wrongfully or negiigently
| caused by another. such effort even IL
unsuccessful will not relieve the wrong
doer from liability for the consequences
| Of his act.
I. Plaintiff asked and the court gave an
instruction to the effect that defendant
| had no right to make any other or DIFF
ferent incision in plaintiffs foot than he
had obtained permission or plaintiff had
requested him TO make. Defendant asked
and the court gave an instruction that
consent to an operation will be presumed'
from voluntary submission to II, and the
burden Is on the plaintiff to prove the
contrary" Held. that the two instruc-
tions when taken together correctly state
| the law.
| S. Instructions given and refused arc
examined and no prejudicial error Is
| found therein.
6 The damages awarded by the jury
are examined and found not so excessive
as to require the Intervention Of the
court.
Z. The verdict awarded 5000 as dam
ages and to which was separately added
sle9.l3 as interest, making a total OF
s2,16e.l3, for which judgment was rendered.
After the appeal was taken by defendant.
and all briefs filed, plaintiff filed a re-
mittitur of sl6s.l3, the interest allowed,
and asked that the judgment be modi-
fled and affirmed for 5000. Held. that
the judgment would be 80 modified and
affirmed. but that all the costs made
after the rendition OF the judgment by
the district court. including the costs OF
the supreme court, should be taxed to
plaintiff.