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WOLCOTT v. DRAKE

No. 33853.

75 N.W.2d 107 (1956)

162 Neb. 56

Frances WOLCOTT, Administratrix of the Estate of Phineas Asa Wolcott, Deceased, Appellant, v. Royal DRAKE, Appellee.

Supreme Court of Nebraska.

February 24, 1956.

Attorney(s) appearing for the Case

Torgeson, Halcomb & O'Brien, John D. Knapp, Kimball, for appellant.

Van Steenberg & Myers, Kimball, for appellee.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

This is an action for damages based on negligence arising from an automobile collision causing the death of Phineas Asa Wolcott. Plaintiff seeks recovery for the exclusive benefit of the widow and next of kin. The collision involved an automobile driven by the deceased and one driven by the defendant. Issues were made and trial was had. At the close of all the evidence the trial court sustained a motion to dismiss, based on the insufficiency...

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