Kaplan v. City of Omaha

This is a motion by plaintiff to dismiss an appeal by defendant from an order overruling tbe latter’s motion to bring in additional parties defendant.

Plaintiff commenced tbe action against the city of Omaha to recover damages for personal injuries caused by a failure to properly fill and guard an excavation for a sewer. Instead of answering, tbe city filed a motion to bring in its contractor and bis surety as additional parties defendant, on tbe ground that tbe contractor bad *568agreed to indemnify the city against such a claim. The contractor resisted the motion and it was sustained, but later…