Bainter v. Appel

This was originally an action at law instituted in the district court for Sarpy county by Clarence P. Bainter, as plaintiff, against Leo Appel and Western Asphalt Paving Corporation, as defendants. Plaintiff sought a recovery from the defendants for damages to his person and property alleged to have been caused by the negligence of the defendants in the operation of a truck on and over “Old U. S. Highway 38,” resulting in a collision with plaintiff’s automobile on August 5, 1931, at a point on that public highway between three and four miles south of Gretna, Nebraska.

There was a trial to a…