Reports of Cases in the Supreme Court of Nebraska (Volume 101) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918. Excerpt: ... Rankin v. Kountze Real Estate Co. The evidence as to the condition of the threshold is about as follows: The plaintiff's brother, a street car conductor, who lived with her, says that they finished moving upstairs late in the afternoon, that about 9 o'clock at night his sister told him she had stepped on something; that he first looked in the hall, but found nothing, he then looked at the threshold. He testifies: "I could see nothing by observation on the top of it. I examined it. From the appearance on the top you could not tell that there was anything wrong, but on bearing my weight on it I found there was a spring in the threshold, and on moving my hand along over there to see whether there was anything on the threshold, thinking there might be something wrong in a case like that, I found that there was a nail protruding from the threshold, which was a piece of board nailed over the threshold. Q. How did you discover that would. show above the board? A. By weighting down with my knee and feeling with my hand. The weight of my hand by bearing down with the hand would not spring down enough. Q. And the weight of your knee? A. With the weight of my body on the knee, and that on the threshold, would make the nail protrude through. Q. How far would it protrude through? A. With my left it was possibly a quarter of an inch." The next morning he examined the threshold again. He was unable to pull the nail with a hammer, but, by raising the piece of wood that had been nailed doWn, he pulled the nail by the use of pliers. He was then asked: "Q. Could you see anything wrong with it by looking at it from a distance in the room. A. No, sir. Q. You could not see the concave under it? A. No. sir." The plaintiff testified that she first knew the board would spring dow...