WENKE, Justice.
Carroll Bishop, a minor, by and through his father and next friend, E. A. Bishop, brought this action in the district court for Saunders County against Howard D. Schofield. It is a tort action based on the conduct of defendant while driving his automobile, which conduct it is alleged was negligent and which it is alleged resulted in the automobile being hit by a Chicago, Burlington and Quincy Railroad Company train, and severely injuring the plaintiff...
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