SULLIVAN v. OMAHA & COUNCIL BLUFFS STREET RY. CO.

No. 33680.

70 N.W.2d 98 (1955)

160 Neb. 342

Harold W. SULLIVAN, Appellant, v. OMAHA & COUNCIL BLUFFS STREET RAILWAY COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

May 6, 1955.


Attorney(s) appearing for the Case

David D. Weinberg, Smith & Smith, Omaha, for appellant.

Kennedy, Holland, DeLacy & Svoboda, William P. Mueller, Omaha, for appellee.

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


SIMMONS, Chief Justice.

This is an action to recover damages for personal injury based on the alleged failure of the defendant to perform duties of maintenance and repair of streets and tracks in accord with the provisions of its franchise. Issues were made and trial was had. At the close of plaintiff's case-in-chief, the trial court, on motion of the defendant, dismissed the action. Plaintiff appeals. We affirm the judgment of the trial court.

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