Waegli v. Caterpillar Tractor Co.

White, C. Thomas, J.

This action for personal injuries was dismissed by the trial court at the conclusion of the plaintiffs casein-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 of the wheels and a large scraper unit attached to the power unit mounted on two wheels to the extreme rear of the unit.

The machine is designed to…