SCHUETZ v. CITY WIDE ROCK & EXCAVATING CO.

No. 35093.

113 N.W.2d 609 (1962)

173 Neb. 516

Alfred SCHUETZ, Appellant, v. CITY WIDE ROCK & EXCAVATING CO., Appellee.

Supreme Court of Nebraska.

March 16, 1962.


Attorney(s) appearing for the Case

Viren & Emmert, Eleanor Knoll Swanson, Omaha, for appellant.

Nelson, Harding & Acklie, Lincoln, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


YEAGER, Justice.

This is an action by Alfred Schuetz, plaintiff and appellant, against City Wide Rock & Excavating Co., defendant and appellee, to recover a claimed amount due from the defendant on account of a difference between what plaintiff received as a Nebraska intrastate common carrier and what he was entitled to receive under rates fixed by the Nebraska State Railway Commission for the transportation of rip rap rock.

The case was tried to a jury...

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