Graham v. Simplex Motor Rebuilders, Inc.

This is a negligence action in which the plaintiff sus tained injuries as a result of a fall which occurred while he was working on the defendant’s loading dock as an employee of a third party. The district court entered judgment on a jury verdict for the plaintiff in the sum of $4,500. We reverse the judgment of the district court and remand the cause for a new trial because of error in the instructions.

Plaintiff, John R. Graham, was a truck driver employed by Takin Brothers Freight Line in Omaha, Nebraska. His duties in that capacity embraced the picking up and delivering of freight,…