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HERT v. CITY BEVERAGE CO.

No. 34424.

94 N.W.2d 27 (1959)

167 Neb. 557

Herman HERT, Appellant, v. CITY BEVERAGE CO., Inc., a corporation, Leo Dahir, d/b/a City Beverage Co., and Frank Tomes, Appellees.

Supreme Court of Nebraska.

January 9, 1959.

Attorney(s) appearing for the Case

Matthews, Kelley & Stone, Martin Cannon, Omaha, for appellant.

Crawford, Garvey, Comstock & Nye, Bryce Crawford, Jr., Omaha, for appellees.

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

YEAGER, Justice.

This is an action for damages by Herman Hert, plaintiff and appellant, against City Beverage Co., Inc., a corporation, Leo Dahir, doing business as City Beverage Co., and Frank Tomes, defendants. It developed on the trial that there was no corporation, hence the true defendants are Dahir and Tomes. These two defendants are appellees. The action was based directly upon a charge of negligence against the defendant Tomes who was at the time in the employ...

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