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eBook details

• Title: Thomas Shotkoski v. Standard Chemical
• Author : Supreme Court of Nebraska
• Release Date : January 18, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This is an action by the plaintiff, Thomas Shotkoski, a dairy farmer, to recover damages from the defendant, Standard Chemical
Manufacturing Company, for loss of milk production and injury to dairy cows allegedly caused by feeding to the cattle a feed
supplement manufactured by the defendant and sold by it to the plaintiff. The plaintiff proceeded upon theories of express
warranty, implied warranty, negligence, and strict liability in tort. At the close of the plaintiff's case the defendant moved
for a directed verdict on the ground that the evidence was insufficient to require submission of any of the issues, including
damages, to the jury. The trial court granted the motion and dismissed the plaintiff's petition. The plaintiff appeals. We
affirm. "In reviewing the correctness of a trial court's action in directing a verdict, the party against whom the motion was directed
is entitled to have the evidence, and every reasonable inference that can be drawn therefrom, construed in the light most
favorable to him." Carley v. Meinke, 181 Neb. 648, 150 N.W.2d 256. Accordingly we summarize the important parts of the plaintiff's
evidence.

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