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HEGARTY v. CAMPBELL SOUP CO.

No. 82-341.

335 N.W.2d 758 (1983)

214 Neb. 716

Daniel R. HEGARTY, Jr., Appellant and Cross-Appellee, v. CAMPBELL SOUP COMPANY, a New Jersey corporation, et al., Appellees and Cross-Appellants.

Supreme Court of Nebraska.

June 24, 1983.

Attorney(s) appearing for the Case

Peter J. Hoagland, Warren C. Schrempp and Steven Lefler of Schrempp & Lefler, Omaha, for appellant.

Larry E. Welch and David M. Woodke of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

BOSLAUGH, Justice.

This action arose out of a truck-train collision which occurred at about 3 a.m. on December 21, 1978, just east of the intersection of 12th Street and Capitol Avenue in Omaha, Nebraska. The plaintiff, Dan Hegarty, an engine foreman or foreman of a switch crew employed by the Union Pacific Railroad Company, was injured when a truck leased by Campbell Soup Company and driven by its employee, Lynn Peterson, collided with a boxcar upon which the plaintiff...

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