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McCOLL v. SCHERER

No. 3974.

315 P.2d 807 (1957)

Jeff McCOLL and Margaret Jean McColl, husband and wife, Appellants, v. L.B. SCHERER, Ruth Schellange, Administratrix of the Estate of A.F. Schellange, Deceased, First National Bank of Nevada, Executor of the Estate of Jack Katleman, also known as Jake Katleman, Deceased, Joe Hall, Vic Hall, Frank Edds, Bernard Vandersteen, Art Stanley, and Las Vegas Club, a Copartnership, Respondents.

Supreme Court of Nevada.

September 23, 1957.

Attorney(s) appearing for the Case

Foley Brothers, of Las Vegas, for Appellants.

Goldwater and Singleton, and Jones, Wiener & Jones, of Las Vegas, for Respondents L.B. Scherer, Ruth Schellange, etc., et al.

Morse, Graves & Compton, of Las Vegas, for Respondent Bernard Vandersteen.

BADT, Chief Justice.

In this appeal from a summary judgment for defendants in which the plaintiffs sued for damages for personal injuries allegedly the result of defendants' negligence, the main question presented is whether such factual determinations remained for the court or jury as to preclude a summary judgment. We have concluded that there was an undetermined factual question, thus requiring a reversal of the summary judgment. Other questions are also disposed...

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