Butt v. City Wide Rock Excavating Co.

This is an appeal in a proceeding under the Workmen’s Compensation Act. The plaintiff was employed by the defendant as a heavy equipment mechanic. On April 21, 1977, the plaintiff was injured while driving a truck owned by the defendant from the plaintiff’s home to the defendant’s shop in Omaha, Nebraska. The injury occurred when the truck struck a light pole while the plaintiff was attempting to avoid striking a pedestrian who ran in front of the truck.

The evidence shows that the defendant employed five or six mechanics. The defendant supplied trucks to two of the mechanics so that they…