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FOSLER v. ADEN

No. 35452.

122 N.W.2d 494 (1963)

175 Neb. 535

Earl FOSLER, a minor by Chester Fosler, his father, natural guardian and next friend, Appellant, v. Arthur ADEN and Farmers Union Cooperative Association, a corporation, Appellees.

Supreme Court of Nebraska.

July 5, 1963.

Attorney(s) appearing for the Case

Ivan A. Blevens, Seward, for appellant.

John E. Dougherty, York, for appellees.

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

MESSMORE, Justice.

This is an action at law brought by Earl Fosler, a minor, by Chester Fosler, his father, natural guardian, and next friend, against Arthur Aden and the Farmers Union Cooperative Association, a corporation, defendants, to recover damages under section 48-422, R.R.S.1943, resulting from loss of a foot which was amputated by a grain auger alleged to have been improperly protected by guards in violation of section 48-409, R.R.S.1943. The employer of...

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