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STEWART v. NORTH SIDE PRODUCE CO.

No. 40601.

248 N.W.2d 37 (1976)

197 Neb. 245

George STEWART, Jr., Appellant, v. NORTH SIDE PRODUCE COMPANY, a corporation, and Don Jordan, Appellees.

Supreme Court of Nebraska.

December 22, 1976.

Attorney(s) appearing for the Case

Jon B. Abbott, Omaha, for appellant.

Frederick S. Cassman, of Abrahams, Kaslow & Cassman, Omaha, for appellees.

Heard before WHITE, C. J., McCOWN and CLINTON, JJ., and STUART and RIST, District Judges.

STUART, District Judge.

This is an appeal from the sustaining of a demurrer to plaintiff's petition.

Plaintiff's petition alleged defendant North Side Produce Company employed plaintiff as a truck driver under an employment contract with no fixed term. Defendant Jordan, acting within the scope of his employment by defendant North Side Produce Company, announced a policy: "That if any further mechanical breakdowns of the company's trucks occurred, somebody...

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