Nebraska Supreme Court February 28, 1969, 37063 (Mendoza v. Aguilera)

McCown, J.

Jesse Mendoza was struck on the leg by a falling

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branch while assisting the defendant, Edmund Aguilera, in trimming trees in the yard of the Aguilera residence. Plaintiff administratrix brought this action for negligence.- At the conclusion of the plaintiff’s evidence, the defendant’s motion to dismiss was sustained.