O'NEILL v. HENKE

No. 34458.

94 N.W.2d 322 (1959)

167 Neb. 631

Robert O'NEILL, Appellant, v. Marion A. HENKE, Appellee.

Supreme Court of Nebraska.

January 16, 1959.


Attorney(s) appearing for the Case

Hugh Stuart and Smith Brothers, Lexington, for appellant.

John E. Dougherty, York, and Stewart, & Stewart, Lexington, for appellee.

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


SIMMONS, Chief Justice.

This is an action where plaintiff, a guest passenger, seeks to recover damages resulting from the collision of a motor vehicle, driven by defendant, with a truck on a highway. The right to recover is based on alleged gross negligence of the host driver under the civil liability provisions of section 39-740, R.R.S.1943. At the conclusion of all the evidence the trial court sustained a motion of the defendant to dismiss on the ground that the...

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