RAILE v. TOEWS

No. 34198.

84 N.W.2d 199 (1957)

165 Neb. 184

David J. RAILE, Appellee, v. P. C. TOEWS, Appellant, Impleaded with Charles Wilson, d/b/a Charles Wilson Construction Company, et al., Appellees.

Supreme Court of Nebraska.

July 12, 1957.


Attorney(s) appearing for the Case

Chambers, Holland, Dudgeon & Hastings, Lincoln, Brogan & Brogan, Madison, for appellant.

Hutton & Hutton, Norfolk, for David J. Raile. F. M. Deutsch, Norfolk, for Charles Wilson.

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


SIMMONS, Chief Justice.

This is an action for damages for personal injuries. Plaintiff was an employee of the defendant Wilson who was the supplier of ready mixed concrete to defendant Toews. Defendant Toews was the contractor building an elevator. Defendant Wilson and his insurance carrier are joined as parties, they having paid workmen's compensation to plaintiff, and here seek subrogation. We will refer to Toews as the defendant.

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