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VAN WYE v. WAGNER

No. 33981.

79 N.W.2d 281 (1956)

163 Neb. 205

Frank VAN WYE, Appellee, v. Robert L. WAGNER, d/b/a Fertilizer & Chemical Sup. Co., and Robert Wagner, Jr., Appellants.

Supreme Court of Nebraska.

November 9, 1956.

Attorney(s) appearing for the Case

Frederick M. Deutsch, Norfolk, Philip H. Robinson, Hartington, for appellants.

Mark J. Ryan, South Sioux City, Edward L. Moran, Sioux City, Iowa, for appellee.

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

YEAGER, Justice.

This is an action for damages for personal injuries by Frank Van Wye, plaintiff and appellee, against Robert L. Wagner, doing business as Fertilizer & Chemical Sup. Co., and Robert Wagner, Jr., defendants and appellants.

The action was tried to a jury at the conclusion of which a verdict was returned in favor of plaintiff and against the defendants for $31,500. Judgment was rendered on the verdict. Thereafter a motion for new trial was...

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