BOLE v. S. M. S. TRUCKING CO.

No. 37896.

190 N.W.2d 780 (1971)

187 Neb. 341

Vern E. BOLE, Appellant, v. S. M. S. TRUCKING CO., Appellee.

Supreme Court of Nebraska.

October 15, 1971.


Attorney(s) appearing for the Case

Kenneth P. Weiner, Stern, Harris, Feldman, Becker & Thompson, Omaha, for appellant.

Edwin Cassem, Cassem, Tierney, Adams & Henatsch, Omaha, for appellee.

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


NEWTON, Justice.

Plaintiff, a truck driver, was stopped by a deputy sheriff and charged with violating traffic regulations. Although the evidence is conflicting, it is ample to sustain a finding that plaintiff wrongfully assaulted the deputy sheriff and, as a consequence, was shot and received the injuries for which he seeks to recover.

The only assignment of error is in regard to the sufficiency of the evidence to sustain the finding and judgment of the trial...

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