LEWIS v. UNION PACIFIC R. CO.

No. S-90-439.

497 N.W.2d 33 (1993)

242 Neb. 744

Daniel R. LEWIS, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Supreme Court of Nebraska.

March 12, 1993.


Attorney(s) appearing for the Case

Thomas F. Hoarty, Jr., of McGowan & Hoarty, Omaha, for appellant.

Gayla L. Fletcher, Omaha, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and HOWARD, District Judge, Retired.


HOWARD, District Judge, Retired.

The demurrer to plaintiff's second amended petition was sustained, plaintiff elected to stand on that petition, the petition was dismissed, and this appeal followed.

When testing whether a petition which was challenged by a demurrer stated a cause of action, an appellate court is required to accept as true all the facts which were well pled, together with the proper and reasonable inferences of law and fact which may be drawn...

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