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TODD v. BOALS

No. 37776.

187 N.W.2d 284 (1971)

187 Neb. 51

Armon Loy TODD, Jr., a Minor by Armon L. Todd, His Father and Next Friend, Appellee, v. Ralph B. BOALS and Robert Boals, Appellants.

Supreme Court of Nebraska.

May 28, 1971.

Attorney(s) appearing for the Case

Jewell, Otte & Pollock, Norfolk, for appellants.

Cecil W. Orton, South Sioux City, Leroy W. Orton, Lincoln, for appellee.

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

SMITH, Justice.

While plaintiff Armon Loy Todd, Jr., was weeding a bean field farmed by defendants, Boalses, Todd sustained physical injury accidentally caused by a fellow worker. This resultant action was tried on the theory that Boalses would not be liable if the work group had been an independent contractor. The verdict went for Todd. Boalses appeal. They assert that as a matter of law the group was an independent contractor and that errors in a jury instruction...

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