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MENDOZA v. AGUILERA

No. 37063.

165 N.W.2d 360 (1969)

184 Neb. 94

Trinidad MENDOZA, Administratrix of the Estate of Jesse Mendoza, Deceased, Appellant, v. Edmund J. AGUILERA, Appellee.

Supreme Court of Nebraska.

February 28, 1969.

Attorney(s) appearing for the Case

Alfred A. Fiedler, Stephen E. Sturek, Jr., Omaha, for appellant.

Gaines, Spittler, Neely, Otis & Moore, John P. Mullen, Joseph R. Moore, Omaha, for appellee.

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

McCOWN, Justice.

Jesse Mendoza was struck on the leg by a falling branch while assisting the defendant, Edmund Aguilera, in trimming trees in the yard of the Aguilera residence. Plaintiff administratrix brought this action for negligence. At the conclusion of the plaintiff's evidence, the defendant's motion to dismiss was sustained.

The defendant had requested Jesse Mendoza to help trim some trees in the yard of...

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