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VONTRESS v. READY MIXED CONCRETE COMPANY

No. 34801.

104 N.W.2d 331 (1960)

170 Neb. 789

Willis VONTRESS, Appellee, v. READY MIXED CONCRETE COMPANY, a corporation, Appellant, Impleaded with Pane & Company, Inc., a corporation, Appellee.

Supreme Court of Nebraska.

July 15, 1960.

Attorney(s) appearing for the Case

Cassem, Tierney, Adams & Henatsch, Omaha, for appellant.

Story, Pilcher & Howard, Omaha, for appellee Vontress.

E. H. Stevens, Omaha, for appellee Pane & Co.

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

WENKE, Justice.

This is an appeal from the district court for Douglas County. It involves an action brought by Willis Vontress against Ready Mixed Concrete Company, a corporation, for damages he suffered when one of defendant's cement mixer trucks was backed over his right foot. The jury returned a verdict for the plaintiff and defendant has perfected this appeal from the overruling of its motion for either a judgment notwithstanding the verdict or for a new trial...

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