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WHITAKER v. BURLINGTON NORTHERN. INC.

No. 83-151.

352 N.W.2d 589 (1984)

218 Neb. 90

Kermit L. WHITAKER and American Colloid Carrier Corporation, Appellants, v. BURLINGTON NORTHERN, INC., and Joel D. Schaffer, Appellees.

Supreme Court of Nebraska.

July 27, 1984.

Attorney(s) appearing for the Case

Winner, Nichols, Douglas & Kelly, Scottsbluff, for appellants.

Holtorf, Kovarik, Nuttleman, Ellison, Mathis & Javoronok, P.C., and William C. Beyers, Gering, for appellees.

BOSLAUGH, HASTINGS, and GRANT, JJ., and CHEUVRONT, District Judge, and COLWELL, District Judge, Retired.

GRANT, Justice.

Plaintiff Kermit L. Whitaker was the owner of a truck tractor and plaintiff American Colloid Carrier Corporation owned a trailer and the cargo loaded on that trailer. On March 8, 1981, Whitaker's tractor, being driven by Whitaker's employee, was pulling the corporation's trailer and cargo. The tractor-trailer rig was in collision with a train owned by defendant Burlington Northern, Inc., and being operated by BN's employee, defendant Joel D. Schaffer...

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