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FISHER v. CHICAGO, BURLINGTON & QUINCY RAILROAD

No. 34882.

107 N.W.2d 740 (1961)

171 Neb. 804

Jeanetta FISHER and Employers Mutual Casualty Company, a corporation, Appellants, v. CHICAGO, BURLINGTON & QUINCY RAILROAD, a corporation, Appellee.

Supreme Court of Nebraska.

March 3, 1961.

Attorney(s) appearing for the Case

Dwight Griffiths, Auburn, Paul P. Chaney, Falls City, for appellants.

Mason, Knudsen, Dickeson & Berkheimer, Lincoln, J. W. Weingarten, Omaha, Richard M. Duxbury, Lincoln, Jean B. Cain, Falls City, for appellee.

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

CARTER, Justice.

This is an action for the recovery of damages for the wrongful death of Frank J. Fisher by reason of injuries sustained when the truck he was driving was struck by defendant's train at a railroad crossing about 2 miles north of Watson, Missouri. The Employers Mutual Casualty Company is a party plaintiff as the workmen's compensation carrier for the employer of deceased, who became obligated for compensation payments and seeks reimbursement as authorized...

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