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MUSTION v. EALY

No. 41538.

266 N.W.2d 730 (1978)

201 Neb. 139

Fred W. MUSTION, Appellee, v. Rex EALY, d/b/a Ealy Spraying Service, Appellant.

Supreme Court of Nebraska.

June 7, 1978.

Attorney(s) appearing for the Case

Maupin, Dent, Kay, Satterfield, Girard & Scritsmier, North Platte, for appellant.

Mike Freeman, McCook, for appellee.

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

BRODKEY, Justice.

Plaintiff, Fred W. Mustion, commenced this action against Rex Ealy to recover a money judgment for damages allegedly caused by the defendant's negligent spraying of a poisonous chemical on plaintiff's land. The defendant denied the allegations of the petition, and the case proceeded to trial in the county court of Red Willow County. Defendant's motions for a directed verdict were overruled by the trial court, which found in favor of the plaintiff...

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