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SPIKER v. JOHN DAY CO.

No. 41776.

270 N.W.2d 300 (1978)

201 Neb. 503

Violet M. SPIKER, conservator of the estate of Harold Spiker, incompetent, Appellee and Cross-Appellant, v. JOHN DAY CO., a corporation, and Aetna Life and Casualty, an Insurance Corporation, Appellant and Cross-Appellees.

Supreme Court of Nebraska.

September 22, 1978.

Attorney(s) appearing for the Case

Knudsen, Berkheimer, Endacott & Beam, Lincoln, for appellant and cross-appellees.

Law Offices of Kenneth Cobb, P.C. and Kenneth Cobb, Lincoln, for appellant and cross-appellees.

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

BOSLAUGH, Justice.

This is an appeal in a proceeding under the Workmen's Compensation Act. The plaintiff, Harold A. Spiker, was employed by the defendant, John Day Co. as a salesman. On August 11, 1971, the plaintiff was severely injured in an automobile accident which arose out of and in the course of his employment.

Following the accident the defendant and its insurance carrier paid compensation to the plaintiff for total disability and paid the plaintiff...

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