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GRAHAM v. SIMPLEX MOTOR REBUILDERS, INC.

No. 39166.

215 N.W.2d 641 (1974)

191 Neb. 320

John R. GRAHAM, Appellee, v. SIMPLEX MOTOR REBUILDERS, INC., a Corporation, Appellant, Impleaded with Takin Brothers Freight Lines, Inc., a Corporation, Appellee.

Supreme Court of Nebraska.

February 14, 1974.

Attorney(s) appearing for the Case

Theodore J. Stouffer of Cassem, Tierney, Adams & Henatsch, Omaha, for appellant.

Alfred A. Fiedler of Weinberg & Fiedler, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and FLORY, District Judge.

BOSLAUGH, Justice.

This is the second appearance of this case in this court. The facts are stated in detail in Graham v. Simplex Motor Rebuilders, Inc., 189 Neb. 507, 203 N.W.2d 494.

On the second trial the jury returned a verdict for the defendant. The defendant has appealed from the trial court's order sustaining the plaintiff's motion for a new trial.

The plaintiff was injured...

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