MARX v. HARTFORD ACCIDENT AND INDEMNITY COMPANY

No. 36756.

157 N.W.2d 870 (1968)

183 Neb. 12

Louis E. MARX and Paul D. Marx, a Co-Partnership, Appellees, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellant, Impleaded with Federal Securities Company, Inc., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

April 5, 1968.


Attorney(s) appearing for the Case

Cline, Williams, Wright, Johnson, Oldfather & Thompson, Lincoln, for appellant.

Chambers, Holland & Dudgeon, Lincoln, for appellees.

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


WHITE, Chief Justice.

This is a declaratory judgment action. The question involved is whether Hartford, plaintiffs' malpractice insurer, is liable for fire damage to plaintiffs' offices resulting from the negligence of an employee technician. The district court entered judgment for plaintiffs against Hartford. We reverse the judgment.

In refilling the hot water sterilizer, plaintiffs' employee mistakenly poured benzine instead of water into the sterilization...

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