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KESSLER v. BATES & ROGERS CONST. CO.

No. 33025.

50 N.W.2d 553 (1951)

155 Neb. 40

KESSLER v. BATES & ROGERS CONST. CO. et al.

Supreme Court of Nebraska.

December 21, 1951.

Attorney(s) appearing for the Case

Gross, Welch, Vinardi & Kauffman, Omaha, for appellant.

Brown, Crossman, West, Barton & Quinlan and Donald T. Fox, all of Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

BOSLAUGH, Justice.

Appellant sued Bates & Rogers Construction Company, appellee, for damages on account of personal injuries claimed to have been sustained by him because of negligent acts of William J. Gallagher, an employee of appellee, while, as it is claimed, he was engaged in performing services for, at the direction of, and subject to the control of his employer.

The district court, when the evidence of...

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