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LYONS v. WAGNER

No. 37367.

174 N.W.2d 730 (1970)

185 Neb. 214

Donald O. LYONS, Appellant, v. Julius WAGNER, Appellee.

Supreme Court of Nebraska.

February 20, 1970.

Attorney(s) appearing for the Case

Monen, Seidler & Ryan, Thomas E. Whitmore, Omaha, Thomas E. Brogan, Norfolk, Elmer C. Rakow, Neligh, for appellant.

Jewell, Otte & Pollock, Norfolk, for appellee.

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

BOSLAUGH, Justice.

The plaintiff, Donald O. Lyons, was employed as a farm hand or laborer by the defendant, Julius Wagner. On September 19, 1968, the plaintiff was injured when a farm tractor which he was operating overturned. This action was brought to recover damages for the injuries which the plaintiff sustained in the accident.

At the close of the plaintiff's evidence, the trial court dismissed the action on the motion of the defendant. The plaintiff's...

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