Gardner v. Kothe

This is a proceeding under the Nebraska Workmen’s Compensation Act. The appellant, Marvin Eugene Gardner, who was the plaintiff below, alleged that he was injured on April 22, 1960, while employed by the defendant, Herbert Kothe, the appellee.

The matter was tried to a single judge of the Nebraska Workmen’s Compensation Court who dismissed the action. Upon rehearing before the full compensation court, the action was again dismissed. Upon appeal to the district court, the order of dismissal was affirmed. The plaintiff’s motion for new trial was overruled and he then appealed to this court.

The…