LUTHER v. SOHL

No. 37561.

181 N.W.2d 268 (1970)

186 Neb. 119

Wayne LUTHER, Appellant, v. Kenneth SOHL, Appellee.

Supreme Court of Nebraska.

November 20, 1970.


Attorney(s) appearing for the Case

Gaines, Spittler, Neely, Otis & Moore, Michael T. Levy, Omaha, for appellant.

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, for appellee.

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


McCOWN, Justice.

This was a trial upon the sole issue of whether the defendant was estopped from raising the statute of limitations as a defense to plaintiff's action for personal injuries. At the close of plaintiff's evidence, the district court sustained defendant's motion to dismiss.

On December 14, 1964, the plaintiff sustained injuries to his back and leg while he was assisting the defendant in repairing a roof on defendant's farm. Farm Bureau Insurance...

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