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SEARS v. MID-CITY MOTORS, INC.

No. 35683.

136 N.W.2d 428 (1965)

179 Neb. 100

Pearl F. SEARS and Ruth F. Burke, Appellees-Cross-Appellants, v. MID-CITY MOTORS, INC., a Corporation, Appellant, Impleaded with Samuel I. Rothenberg and Jack Levey, a co-partnership, d/b/a Service Junk Company, Appellees.

Supreme Court of Nebraska.

July 23, 1965.

Attorney(s) appearing for the Case

Abrahams, Kaslow, Story & Cassman, Robert C. Oberbillig, Omaha, for appellant.

Haney, Walsh & Wall, Gross, Welch, Vinardi, Kauffman & Schatz, Omaha, for Sears and others.

Cassem, Tierney, Adams & Henatsch, Omaha, for Rothenberg and others.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

SMITH, Justice.

Fire damage to a building is the subject of this negligence action. Plaintiff-owners recovered a judgment on a verdict against Mid-City Motors, Inc., their lessee, on the theory of a principal's vicarious liability; however, their claim against Service Junk Company, the alleged agent, was dismissed. Mid-City appealed and plaintiffs cross-appealed from the order of dismissal.

The dismissal was affirmed and Mid-City's motion for judgment notwithstanding...

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