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  5. 213 N.W.2d 731 (1974)
 

PETER KIEWIT SONS CO. v. O'KEEFE ELEVATOR CO., INC.

No. 39073.

213 N.W.2d 731 (1974)

191 Neb. 50

PETER KIEWIT SONS CO., Appellant, v. O'KEEFE ELEVATOR CO., INC., Appellee.

Supreme Court of Nebraska.

January 4, 1974.

Attorney(s) appearing for the Case

Cassem, Tierney, Adams & Henatsch, John R. Douglas, Omaha, for appellant.

Pilcher, Howard & Dustin, Omaha, for appellee.

Heard before SPENCER, SMITH, and CLINTON, JJ., and KUNS and FLORY, District Judges.

FLORY, District Judge.

One Ward, an employee of the defendant, O'Keefe, appellee here, obtained a judgment against the plaintiff, Kiewit, appellant here, in an action for personal injuries sustained on a construction site where Kiewit was the general contractor and O'Keefe the subcontractor. In that action Kiewit's negligence and Ward's contributory negligence and assumption of risk were the issues submitted to the jury which returned a verdict for Ward. Kiewit paid...

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