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WAEGLI v. CATERPILLAR TRACTOR CO.

No. 40835.

251 N.W.2d 370 (1977)

197 Neb. 824

James E. WAEGLI, Appellant, v. CATERPILLAR TRACTOR CO., a corporation, et al., Appellees.

Supreme Court of Nebraska.

March 9, 1977.

Attorney(s) appearing for the Case

Herbert J. Friedman, of Friedman & Berry, Lincoln, for appellant.

Cline, Williams, Wright, Johnson & Oldfather, Knudsen, Berkheimer, Endacott & Beam, Barlow, Johnson, DeMars & Flodman, Lincoln, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

WHITE, C. THOMAS, Justice.

This action for personal injuries was dismissed by the trial court at the conclusion of the plaintiff's case-in-chief. Plaintiff appeals. We affirm.

Plaintiff James E. Waegli was on the date of accident a 22-year-old heavy equipment operator, engaged specifically by Seward County to operate a Caterpillar model 613 tractor scraper. The 613 consists of a power or tractor unit, mounted on two wheels, with the engine and cab in front...

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