Benson L. Winters Et Al. Respondent V. Book Reviews

Benson L. Winters Et Al. Respondent V. by Supreme Court of Nebraska Book Summary

Defendant, Sears, Roebuck & Co., appeals from a jury verdict in favor of Benson and Alta Winters and their insurer, Western Casualty & Surety Co., in an action based on strict liability in tort for damages to the Winters home caused by a fire involving a television set sold to Winers by Sears. Sears contends that the trial court erred in denying its motion for a judgment notwithstanding the verdict or alternatively for a new trial because the evidence in the case was insufficient to support a finding that the fire had been caused by a defect near the small end of the television picture tube or that any such defect had been present at the time the set was sold to Mr. and Mrs. Winters. Appellant also contends that the trial court erred in overruling defendants objection to a hypothetical question propounded to the plaintiffs expert which included an assumption that neither the picture tube nor its attachments had been the subject of repairs or replacement. We affirm the judgment of the trial court and remand for trial on the issue of damages.

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Benson L. Winters Et Al. Respondent V. (Supreme Court of Nebraska) Book Reviews 2024

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