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COOK v. CHRISTENSEN SAND AND GRAVEL CO. OF FREMONT

No. 36903.

163 N.W.2d 105 (1968)

183 Neb. 602

Florence COOK, Administratrix of the Estate of Harvey Cook, Deceased and Florence Cook, Individually, Appellants, v. CHRISTENSEN SAND AND GRAVEL COMPANY OF FREMONT, a Partnership et al., Appellees.

Supreme Court of Nebraska.

December 6, 1968.

Attorney(s) appearing for the Case

Sidner, Gunderson, Svoboda & Schilke, Fremont, for appellants.

D. Nick Caporale, Schmidt, Ford, Snow, Green & Mooney, Omaha, for appellees.

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

NEWTON, Justice.

This is a workmen's compensation action brought by Florence Cook individually and as administratrix of the estate of Harvey Cook, deceased, hereinafter referred to as plaintiff, against Christensen Sand and Gravel Company, a partnership, hereinafter referred to as defendant.

On April 12, 1965, Harvey Cook was employed by defendant as a truck driver. At about 10 a. m. he was directed to haul a load of sand from defendant's plant to the construction...

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