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LYON v. PAULSEN BUILDING & SUPPLY, INC.

No. 36884.

160 N.W.2d 191 (1968)

183 Neb. 365

Wayne W. LYON, Appellant, v. PAULSEN BUILDING & SUPPLY, INC., a Corporation, Appellee.

Supreme Court of Nebraska.

July 5, 1968.

Attorney(s) appearing for the Case

Johnson, Kelly, Evans & Spencer, Broken Bow, for appellant.

Maupin, Dent, Kay, Satterfield & Gatz, Donald E. Girard, Gary L. Scritsmier, North Platte, for appellee.

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

CARTER, Justice.

This is an action by Wayne W. Lyon against the Paulsen Building & Supply, Inc., to recover damages for personal injuries and property damage sustained when Lyon drove his pickup truck into an excavation in a public highway under construction. At the close of plaintiff's evidence, the trial court directed a verdict for the defendant and plaintiff has appealed.

The accident occurred on May 26, 1964. On this date, defendant was engaged in...

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