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FREMONT FARMERS UNION COOP. ASS'N v. CITY OF FREMONT

No. 36031.

139 N.W.2d 369 (1966)

179 Neb. 576

FREMONT FARMERS UNION COOPERATIVE ASSOCIATION, a Nebraska Corporation, Appellee, v. The CITY OF FREMONT, Nebraska, a Municipal Corporation, Appellant, Impleaded with The Department of Utilities of The City of Fremont, Nebraska, Appellee.

Supreme Court of Nebraska.

January 14, 1966.

Attorney(s) appearing for the Case

Sidner, Gunderson, Svoboda & Schilke, Max A. Powell, Fremont, for appellant.

Richards, Yost & Schafersman, Fremont, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

SPENCER, Justice.

This is a negligence action. Trial was had on plaintiff's allegations of negligence and defendants' denial thereof, and their allegations of contributory negligence. The jury returned a verdict for the plaintiff and defendant city has perfected an appeal to this court.

The plaintiff, Fremont Farmers Union Cooperative Association, contracted for the construction of a feed mill during the forepart of 1963. On February 27, 1963, while the basement...

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