STOVER v. ED MILLER & SONS, INC

No. 39888.

231 N.W.2d 700 (1975)

194 Neb. 422

Walter F. STOVER and Wiebe Construction Company, a corporation, Appellants, v. ED MILLER & SONS, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

July 31, 1975.


Attorney(s) appearing for the Case

Marks, Clare, Hopkins, Rauth, Garber & Batt, Omaha, for appellants.

L. J. Tierney, T. J. Stouffer, Cassem, Tierney, Adams & Henatsch, Omaha, for appellee.

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


WHITE, Chief Justice.

This is an action for personal injuries and damages that the plaintiff Stover suffered resulting from the partial collapse of one side of an earthen wall in an excavation pit in which the plaintiff was working. The District Court granted summary judgment in favor of the defendant. On appeal the plaintiffs claim that there was a genuine issue of fact present for trial and ask a reversal of the summary judgment in favor of the defendant. We affirm...

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