discussion instruction in Nebraska

2018Smith v. Smith, 242 Neb. 812 , 497 N.W.2d 44 (1993), is the pivotal case with regard to these factors.

2018Smith v. Smith, 242 Neb. 812 , 497 N.W.2d 44 (1993), is the pivotal case with regard to these factors.

1992This court has cited a discussion of the doctrine contained in McAnany v. Shipley, 189 Mo. App. 396 , 176 S.W. *290 1079(1915), in which the court reasoned that while the doctrine [res ipsa loquitur] is unavailable where the precise cause is shown, the plaintiff does not lose the benefit of the doctrine by introducing evidence of specific acts of negligence, where the evidence leaves the cause of the accident in doubt or does not clearly show the cause.

1987The court in Knies also made reference to the discussion of the doctrine in McAnany v. Shipley, 189 Mo. App. 396, 176 S.W. 1079 (1915).

2021For instance, he additionally refers to the possibility, reflected in the discussion at the hearing on the motion, that someone at the Nebraska State Patrol Crime Laboratory had said no male DNA was detected on any of the swabs. 53 See id. 54 See, e.g., State v. Morgan, 286 Neb. 556 , 837 N.W.2d 543 (2013); State v. Hubbard, 267 Neb. 316 , 673 N.W.2d 567 (2004); State v. Cody, 248 Neb. 683 , 539 N.W.2d 18 (1995). - 427 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. WOOD The trial record does not affirmatively prove or rebut whether there were such grounds to dispute the

2021For instance, he additionally refers to the possibility, reflected in the discussion at the hearing on the motion, that someone at the Nebraska State Patrol Crime Laboratory had said no male DNA was detected on any of the swabs. 53 See id. 54 See, e.g., State v. Morgan, 286 Neb. 556 , 837 N.W.2d 543 (2013); State v. Hubbard, 267 Neb. 316 , 673 N.W.2d 567 (2004); State v. Cody, 248 Neb. 683 , 539 N.W.2d 18 (1995). - 427 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. WOOD The trial record does not affirmatively prove or rebut whether there were such grounds to dispute the

2021For instance, he additionally refers to the possibility, reflected in the discussion at the hearing on the motion, that someone at the Nebraska State Patrol Crime Laboratory had said no male DNA was detected on any of the swabs. 53 See id. 54 See, e.g., State v. Morgan, 286 Neb. 556 , 837 N.W.2d 543 (2013); State v. Hubbard, 267 Neb. 316 , 673 N.W.2d 567 (2004); State v. Cody, 248 Neb. 683 , 539 N.W.2d 18 (1995). - 427 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. WOOD The trial record does not affirmatively prove or rebut whether there were such grounds to dispute the

2021For instance, he additionally refers to the possibility, reflected in the discussion at the hearing on the motion, that someone at the Nebraska State Patrol Crime Laboratory had said no male DNA was detected on any of the swabs. 53 See id. 54 See, e.g., State v. Morgan, 286 Neb. 556 , 837 N.W.2d 543 (2013); State v. Hubbard, 267 Neb. 316 , 673 N.W.2d 567 (2004); State v. Cody, 248 Neb. 683 , 539 N.W.2d 18 (1995). - 427 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. WOOD The trial record does not affirmatively prove or rebut whether there were such grounds to dispute the

2021For instance, he additionally refers to the possibility, reflected in the discussion at the hearing on the motion, that someone at the Nebraska State Patrol Crime Laboratory had said no male DNA was detected on any of the swabs. 53 See id. 54 See, e.g., State v. Morgan, 286 Neb. 556 , 837 N.W.2d 543 (2013); State v. Hubbard, 267 Neb. 316 , 673 N.W.2d 567 (2004); State v. Cody, 248 Neb. 683 , 539 N.W.2d 18 (1995). - 427 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v. WOOD The trial record does not affirmatively prove or rebut whether there were such grounds to dispute the

1993(Emphasis supplied.) In In re Application A-16642, 236 Neb. at 689 , 463 N.W.2d at 604 , we held that the “constitutional right to appropriate [water under the Nebraska Constitution] can and must be limited by the demands of the public interest.” In examining the instream flow appropriation statutes, Neb.

1993(Emphasis supplied.) In In re Application A-16642, 236 Neb. at 689 , 463 N.W.2d at 604 , we held that the “constitutional right to appropriate [water under the Nebraska Constitution] can and must be limited by the demands of the public interest.” In examining the instream flow appropriation statutes, Neb.

1993Kumar v. Douglas County, 234 Neb. 511 , 452 N.W.2d 21 (1990).

1993Kumar v. Douglas County, 234 Neb. 511 , 452 N.W.2d 21 (1990).

1992Empfield v. Empfield, 229 Neb. 83 , 425 N.W.2d 334 (1988).

1992Empfield v. Empfield, 229 Neb. 83 , 425 N.W.2d 334 (1988).

1981City of Omaha v. Board of County Commissioners , 109 Neb. 35 , 189 N.W. 639 (1922), and Omaha Parking Authority v. City of Omaha , 163 Neb. 97 , 77 N.W.2d 863 (1956).

1981City of Omaha v. Board of County Commissioners , 109 Neb. 35 , 189 N.W. 639 (1922), and Omaha Parking Authority v. City of Omaha , 163 Neb. 97 , 77 N.W.2d 863 (1956).

1981City of Omaha v. Board of County Commissioners , 109 Neb. 35 , 189 N.W. 639 (1922), and Omaha Parking Authority v. City of Omaha , 163 Neb. 97 , 77 N.W.2d 863 (1956).

1947Proponent likewise cites Johnston v. Linder, 168 Iowa 441 , 143 N. W. 410 , and sets out a quotation found therein taken from Murphy v. Murphy, 146 Iowa 255 , 125 N. W. 191 , with reference to the value of expert and nonexpert evidence in this class of cases.

1947Proponent likewise cites Johnston v. Linder, 168 Iowa 441 , 143 N. W. 410 , and sets out a quotation found therein taken from Murphy v. Murphy, 146 Iowa 255 , 125 N. W. 191 , with reference to the value of expert and nonexpert evidence in this class of cases.

1947Proponent likewise cites Johnston v. Linder, 168 Iowa 441 , 143 N. W. 410 , and sets out a quotation found therein taken from Murphy v. Murphy, 146 Iowa 255 , 125 N. W. 191 , with reference to the value of expert and nonexpert evidence in this class of cases.

1947We call attention to the decision of the Supreme Court of Iowa in Keeney v. De La Gardee, 212 Iowa 45 , 235 N. W. 745 , for a discussion of an instruction such as is referred to in Buttman v. Christy, first above cited, also to Brien v. Davidson, 225 Iowa 595 , 281 N. W. 150 , 282 N. W. 480 ; and State v. Wickett, 230 Iowa 1182 , 300 N. W. 268 .

1947We call attention to the decision of the Supreme Court of Iowa in Keeney v. De La Gardee, 212 Iowa 45 , 235 N. W. 745 , for a discussion of an instruction such as is referred to in Buttman v. Christy, first above cited, also to Brien v. Davidson, 225 Iowa 595 , 281 N. W. 150 , 282 N. W. 480 ; and State v. Wickett, 230 Iowa 1182 , 300 N. W. 268 .

1947We call attention to the decision of the Supreme Court of Iowa in Keeney v. De La Gardee, 212 Iowa 45 , 235 N. W. 745 , for a discussion of an instruction such as is referred to in Buttman v. Christy, first above cited, also to Brien v. Davidson, 225 Iowa 595 , 281 N. W. 150 , 282 N. W. 480 ; and State v. Wickett, 230 Iowa 1182 , 300 N. W. 268 .

1947We call attention to the decision of the Supreme Court of Iowa in Keeney v. De La Gardee, 212 Iowa 45 , 235 N. W. 745 , for a discussion of an instruction such as is referred to in Buttman v. Christy, first above cited, also to Brien v. Davidson, 225 Iowa 595 , 281 N. W. 150 , 282 N. W. 480 ; and State v. Wickett, 230 Iowa 1182 , 300 N. W. 268 .

1947We call attention to the decision of the Supreme Court of Iowa in Keeney v. De La Gardee, 212 Iowa 45 , 235 N. W. 745 , for a discussion of an instruction such as is referred to in Buttman v. Christy, first above cited, also to Brien v. Davidson, 225 Iowa 595 , 281 N. W. 150 , 282 N. W. 480 ; and State v. Wickett, 230 Iowa 1182 , 300 N. W. 268 .

1947We call attention to the decision of the Supreme Court of Iowa in Keeney v. De La Gardee, 212 Iowa 45 , 235 N. W. 745 , for a discussion of an instruction such as is referred to in Buttman v. Christy, first above cited, also to Brien v. Davidson, 225 Iowa 595 , 281 N. W. 150 , 282 N. W. 480 ; and State v. Wickett, 230 Iowa 1182 , 300 N. W. 268 .

1944Bank of Tekamah v. McClanahan, 83 Neb. 706 , 120 N. W. 185 , a discussion of the rule in Nebraska is expressed as follows: “In many states a homestead cannot be acquired in lands that are held in co-tenancy, but such is not the rule in this state.

1944Bank of Tekamah v. McClanahan, 83 Neb. 706 , 120 N. W. 185 , a discussion of the rule in Nebraska is expressed as follows: “In many states a homestead cannot be acquired in lands that are held in co-tenancy, but such is not the rule in this state.

1936Lane v. State, 120 Neb. 302 , 232 N. W. 96 ; War Finance Corporation v. Thornton, 118 Neb. 797 , 226 N. W. 454 .

1936Lane v. State, 120 Neb. 302 , 232 N. W. 96 ; War Finance Corporation v. Thornton, 118 Neb. 797 , 226 N. W. 454 .

1936Lane v. State, 120 Neb. 302 , 232 N. W. 96 ; War Finance Corporation v. Thornton, 118 Neb. 797 , 226 N. W. 454 .

1936Lane v. State, 120 Neb. 302 , 232 N. W. 96 ; War Finance Corporation v. Thornton, 118 Neb. 797 , 226 N. W. 454 .

1918In addition to cases cited in these opinions, a discussion of the principle involved may be found in Tilt v. Kelsey, 207 U. S. 43 , 28 Sup. Ct. Rep. 1, 5, with citation of many cases; Wellner v. Eckstein, 105 Minn. 444 .

1918In addition to cases cited in these opinions, a discussion of the principle involved may be found in Tilt v. Kelsey, 207 U. S. 43 , 28 Sup. Ct. Rep. 1, 5, with citation of many cases; Wellner v. Eckstein, 105 Minn. 444 .

1908For a discussion of this principle, and of the distinction as to the presumption of innocence, the burden of proof, and reasonable doubt, see Lawson, Law of Presumptive Evidence, p. 505 et seq.; Coffin v. United States, 156 U. S. 432 .

1896Co. of Brooklyn v. Rollins, decision reported in 44 Neb., 745 , with which, in the effect of the facts and circumstances involved, the case at bar is identical, and, after a full discussion the rule was determined and announced as follows: “A clause providing that an insurance policy shall be suspended during the time the premium note shall remain unpaid after maturity, is for the benefit of the company and may be waived by the insurer.

1884In the case of Grant v. Cropsey, 8 Neb., 205 , this court, by Judge Lake, say: “The rule has been long and ñrmly established, that where one by his words or conduct willfully causes another to believe in a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time,77 citing Pickard v. Sears, 33 Eng.