JAMES v. LIEB

No. 84-254.

375 N.W.2d 109 (1985)

221 Neb. 47

John Lee JAMES and Edna Deloris James, as Parents and Next Friends of Gregory Duwayne James, and as Individuals, Appellants, v. John Milton LIEB and Watts Trucking Service, Inc., Appellees.

Supreme Court of Nebraska.

October 25, 1985.


Attorney(s) appearing for the Case

David J. Cullan of Cullan, Cullan & Morrison, Omaha, for appellants.

Daniel P. Chesire and Stuart M. Paulson of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellees.

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


WHITE, Justice.

This is an appeal in a negligence action from an order of the district court for Douglas County sustaining the defendants' demurrer to plaintiffs' petition for failure to state a cause of action.

The following facts were alleged in the petition. On August 10, 1983, plaintiffs' son, Gregory Duwayne James, and their daughter, Demetria, were riding their bicycles north on 50th Street in Omaha, Nebraska. A garbage truck owned by the defendant Watts...

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