Sears v. Mid-City Motors, Inc.

Fire damage to a building is the subject of this negligence action. Plaintiff-owners recovered a judgment on a verdict against Mid-City Motors, Inc., their lessee, on the theory of a principal’s vicarious liability; however, their claim against Service Junk Company, the alleged agent, was dismissed. Mid-City appealed and plaintiffs cross-appealed from the order of dismissal.

The dismissal was affirmed and Mid-City’s motion for judgment notwithstanding the verdict was sustained in an opinion at 178 Neb. 175, 132 N. W. 2d 361. After reargument we now withdraw that opinion.

Plaintiffs complain…