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MICHELSEN v. UPTON

No. 35346.

123 N.W.2d 850 (1963)

175 Neb. 743

Elmer A. MICHELSEN, Sr., and Edith May Michelsen, Appellants, v. Arnold UPTON, and Dora Upton, Byron Baker, and Colbert and Gerber, a Partnership, Appellees.

Supreme Court of Nebraska.

October 18, 1963.

Attorney(s) appearing for the Case

James F. Begley, Plattsmouth, for appellants.

Smith & Lebens, Plattsmouth, Wear, Boland, Mullin & Walsh, A. Lee Bloomingdale, Omaha, Otto Wellensiek, Syracuse, Tyler & Frerichs, Nebraska City, for appellees.

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

MESSMORE, Justice.

The plaintiffs, Elmer A. Michelsen, Sr., and Edith May Michelsen, brought this action at law against Arnold Upton and Dora Upton, Byron Baker, and Colbert and Gerber, a partnership, defendants, for damages for alleged negligence resulting in the collapse of the plaintiffs' building into an excavation made on the adjoining land owned by the defendants Upton. The trial court sustained the motion of defendants Baker and Colbert and Gerber, a partnership...

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