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BUTT v. CITY WIDE ROCK EXCAVATING CO.

No. 42410.

281 N.W.2d 406 (1979)

204 Neb. 126

James B. BUTT, Appellee and Cross-Appellant, v. CITY WIDE ROCK EXCAVATING CO., Appellant and Cross-Appellee.

Supreme Court of Nebraska.

July 17, 1979.

Attorney(s) appearing for the Case

William J. Riedmann and Eric W. Kruger of Riedmann & Kruger, Omaha, for appellant and cross-appellee.

Richard L. Swenson of Lathrop, Albracht & Swenson, Omaha, for appellee and cross-appellant.

Heard before BOSLAUGH, CLINTON, and WHITE, JJ., and HAMILTON and HENDRIX, District Judges.

BOSLAUGH, Justice.

This is an appeal in a proceeding under the Workmen's Compensation Act. The plaintiff was employed by the defendant as a heavy equipment mechanic. On April 21, 1977, the plaintiff was injured while driving a truck owned by the defendant from the plaintiff's home to the defendant's shop in Omaha, Nebraska. The injury occurred when the truck struck a light pole while the plaintiff was attempting to avoid striking a pedestrian who ran in front of the...

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