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STANLEY v. EBMEIER

No. 34376.

90 N.W.2d 290 (1958)

166 Neb. 716

Newell STANLEY, Appellee, v. Benjamin EBMEIER and Gerald Dowling, Appellants.

Supreme Court of Nebraska.

May 31, 1958.

Attorney(s) appearing for the Case

Philip H. Robinson, Hartington, Hutton & Hutton, Norfolk, for appellants.

S. W. McKinley, Jr., McEntaffer & Fachman, Sioux City, Iowa, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

BOSLAUGH, Justice.

The causes of action asserted by appellee were in substance as follows: Benjamin Ebmeier conducted business as Home Oil Company. Gerald Dowling was at the times referred to an agent and employee of Benjamin Ebmeier, was engaged in the business of his principal and employer, and was acting within the course of his employment. Appellee was at about 9:30 a. m., April 25, 1955, operating a 1950 Chevrolet pick-up truck in a westerly direction on U. S...

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