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WILBUR v. SCHWEITZER EXCAVATING CO.

No. 36263.

148 N.W.2d 192 (1967)

181 Neb. 317

Charles W. WILBUR and Flossie G. Wilbur, husband and wife, Appellants, v. SCHWEITZER EXCAVATING CO., a Corporation, Victory Realty, Inc., a Corporation and Victor E. Larson, Appellees.

Supreme Court of Nebraska.

February 3, 1967.

Attorney(s) appearing for the Case

Kier, Cobb & Luedtke, Larry T. Reida, Healey & Healey, Lincoln, for appellants.

Cline, Williams, Wright, Johnson, Old-father & Thompson, Charles M. Pallesen, Jr., Fraizer & Fraizer, Lincoln, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ., and NEWTON, District Judge.

WHITE, Chief Justice.

A gas fire in plaintiffs' house on May 13, 1964, was caused by an excavator striking a gas service line running across a vacant building lot immediately to the south of plaintiffs' house. Plaintiffs sued the excavator, Schweitzer Excavating Company, and Schweitzer's employer, Victory Realty, Inc., and Victor E. Larson, its president. At the close of the plaintiffs' evidence the trial court directed a verdict for all of the defendants and this...

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