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FARMERS CO-OP COMPANY v. COUNTY OF DODGE

No. 36410.

148 N.W.2d 922 (1967)

181 Neb. 432

FARMERS CO-OP COMPANY, Hooper, Nebraska, Appellant, v. COUNTY OF DODGE, Nebraska, Appellee.

Supreme Court of Nebraska.

March 3, 1967.

Attorney(s) appearing for the Case

H. E. Hurt, Jr., Scribner, for appellant.

Cassem, Tierney, Adams & Henatsch, John B. Henley, Omaha, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and KOKJER, District Judge.

WHITE, Chief Justice.

On July 31, 1965, plaintiff's tank truck, weighing 8 or 9 tons, overturned into a ditch at the northeast corner of a bridge on a graveled county road in Dodge County, Nebraska. In this suit for property damages, plaintiff alleged negligence on the part of the county "by failing to properly and adequately support the dirt placed there as a shoulder of said road." At the close of plaintiff's evidence, the trial court directed a verdict for the...

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