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BARTON v. HOBBS

No. 36474.

151 N.W.2d 331 (1967)

181 Neb. 763

Roy BARTON, Appellee, v. Ernest HOBBS et al., Appellants, Impleaded with Earthworms, Inc., a Corporation, Appellee.

Supreme Court of Nebraska.

May 26, 1967.

Attorney(s) appearing for the Case

Crossman, Barton & Norris, Omaha, for appellants.

Matthews, Kelly & Cannon, Omaha, for Barton.

Cassem, Tierney, Adams & Henatsch, Omaha, for Earthworms, Inc.

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

CARTER, Justice.

Plaintiff brought this action against Ernest Hobbs and Charles R. Hobbs, a partnership doing business as E. E. Hobbs & Son, for damages resulting from injuries sustained in a cave-in of a sewer ditch. At the close of the evidence, the trial court directed a verdict for the defendants. After argument on the motion for a new trial, the trial court sustained the motion and granted a new trial. The defendants Hobbs have appealed. Earthworms, Inc....

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