In Nebraska a directed verdicts based on circumstantial evidence leading to an inference presents a difficult problem. Even the Supreme Court of the United States has hedged when called upon to formulate a rule to help guide trial judges in federal courts when they are considering what degree of circumstantial evidence is needed to allow a case to go to the jury. The court stated “. . . the essential requirement is that mere speculation be not allowed to do duty for probative facts, after making due allowance for all reasonably possible inferences favoring the party whose case is attacked.” The majority of the Court in refusing to adopt a general rule concluded that the problem is one that must be solved in particular situations.
Evidence—Directed Verdicts—Inferences from Circumstantial Evidence,
34 Neb. L. Rev. 102
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