# Barks v. Cosgriff Co.

> Nebraska Supreme Court · March 31, 1995 · 247 Neb. 660

URL: https://www.frixlaw.com/law-library/cases/9853534

## Case

- **Full name:** Michael D. Barks, Appellee and Cross-Appellant, v. Cosgriff Company, a Nebraska Corporation, Appellant and Cross-Appellee
- **Court:** Nebraska Supreme Court
- **Decided:** March 31, 1995
- **Citations:** 247 Neb. 660; 529 N.W.2d 749; 1995 Neb. LEXIS 89
- **Precedential status:** Published
- **Opinion:** Dissent by White
- **Judges:** White, Caporale, Fahrnbruch, Lanphier, Wright, Connolly
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9853534

## Opinion text

White, C.J.,
dissenting.
I agree with the majority’s discussion of Schuessler v. Benchmark Mktg. & Consulting, 243 Neb. 425 , 500 N.W.2d 529 (1993). However, in this circumstance I believe Schuessler should not be applied because, in my judgment, the errors complained of were in fact caused by the defendant’s counsel in his pleading in which he characterized the asserted matters as affirmative defenses and then failed to object to the instructions. He created error of which he now seeks to take advantage. This should not be permitted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9853534. Public record. Not legal advice.