Opinion
No. 34351.
Filed November 21, 1958.
APPEAL from the district court for Douglas County: PATRICK W. LYNCH, JUDGE. On motion for rehearing. For original opinion, see 166 Neb. 839, 91 N.W.2d 36. Motion for rehearing denied.
Joseph T. Votava and John R. McCormack, for appellant.
Frost, Meyers Farnham and Charles W. Peasinger, for appellees Rumbel.
Kennedy, Holland, DeLacy Svoboda and Thomas R. Burke, for appellee Safeway Stores, Inc.
Heard before SIMMONS, C. J., CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.
SUPPLEMENTAL OPINION
On motion for rehearing our attention has been directed to that part of the opinion wherein this court directed the trial court to dismiss plaintiffs' cause of action. We conclude that that part of the opinion should be eliminated and the following substituted in place thereof: The trial court is directed by proper order to make the State of Nebraska a party to this cause as prescribed by law. See, 25-323, R.R.S. 1943; Cunningham v. Brewer, on rehearing, 144 Neb. 218, 16 N.W.2d 533; Burke Lumber Coal Co. v. Anderson, 162 Neb. 551, 76 N.W.2d 630.
The motion for rehearing is hereby denied.