COLVIN v. JOHN POWELL & COMPANY

No. 33889.

77 N.W.2d 900 (1956)

163 Neb. 112

Eldon G. COLVIN and Leonard Sweeney, Appellees, v. JOHN POWELL & COMPANY, Inc., a Corporation, Appellant, Impleded with: James V. Hawk and L. R. Hawk, d/b/a Hawk Sales, and Drs. Ross C. Bailey and James Bailey, Appellees.

Supreme Court of Nebraska.

July 13, 1956.


Attorney(s) appearing for the Case

James J. Fitzgerald, Fitzgerald, Ross & O'Connor, Omaha, for appellant.

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

Cassem, Tierney, Adams, Kennedy & Henatsch, Omaha, for Hawk.

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


CHAPPELL, Justice.

Plaintiffs, Eldon G. Colvin and Leonard Sweeney, brought this action against defendants, James V. Hawk and L. R. Hawk, doing business as Hawk Sales, Doctors Ross C. and James Bailey, and John Powell & Company, Inc., seeking to recover damages for the death of 33 head of feeder cattle and one sow, and for permanent injuries to the rest of their surviving herd of cattle which resulted from eating blackstrap molasses feed containing a deadly poison...

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