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NORQUAY v. UNION PACIFIC R. CO.

No. 85-582.

407 N.W.2d 146 (1987)

225 Neb. 527

Raymond A. NORQUAY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

June 5, 1987.

Attorney(s) appearing for the Case

Donald J. Loftus, P.C., Omaha, for appellant.

Gayla L. Fletcher, Omaha, for appellee.

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

SHANAHAN, Justice.

Raymond A. Norquay appeals the verdict for Union Pacific Railroad Company in a personal injury action tried in the district court for Douglas County. We affirm.

THEORIES OF THE PARTIES

Norquay sued Union Pacific for negligence based on the railroad's alleged last clear chance to avoid injury to Norquay as he lay in intoxicated unconsciousness between the rails of Union Pacific's track.

Under Norquay's theory of liability...

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