NEWBERRY v. YOUNGS

No. 34088.

80 N.W.2d 165 (1956)

163 Neb. 397

Doran NEWBERRY, Appellant-Cross-Appellant, v. Chet YOUNGS, d/b/a Tri State Livestock Commission Company, Appellee-Cross-Appellant.

Supreme Court of Nebraska.

December 14, 1956.


Attorney(s) appearing for the Case

Morrison, Lyons & Starrett, McCook, for appellant.

Charles E. McCarl, McCook, for appellee.

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


SIMMONS, Chief Justice.

This is a compensation case in which plaintiff appeals and defendant cross-appeals. The appeal presents two questions:

Was the plaintiff's contract of hire such as to cause compensation to be calculated on the formula prescribed by section 48-126, R.S.Supp., 1955, for a continuous employment relationship? The trial court held that it was, and we affirm that holding.

Was the plaintiff entitled to recover the reasonable cost of...

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