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NANCE v. AMES PLAZA, INC.

No. 35603.

131 N.W.2d 569 (1964)

177 Neb. 863

J. Wilson NANCE, Appellant, v. AMES PLAZA, INC., and American Insurance Company, Appellees.

Supreme Court of Nebraska.

December 4, 1964.

Attorney(s) appearing for the Case

Eisenstatt, Lay, Higgins & Miller, Omaha, for appellant.

Kennedy, Holland, DeLacy & Svoboda, David A. Svoboda, Stoehr, Rickerson, Sodoro & Caporale, Omaha, for appellees.

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

WHITE, Chief Justice, and SPENCER and BOSLAUGH, Justices (dissenting).

We respectfully dissent on the action of the court in overruling the motion for rehearing. We are of the opinion that reargument should have been granted in this case.

Plaintiff sustained injuries when he slipped and fell on an icy sidewalk at the Ames Plaza, a shopping center in Omaha, Nebraska, owned by the defendant. The trial court directed a verdict at the close of the plaintiff's...

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