JENNINGS v. LOWREY

No. 34570.

97 N.W.2d 345 (1959)

168 Neb. 831

Earl F. JENNINGS, Appellant, v. Russell N. LOWREY, Appellee.

Supreme Court of Nebraska.

July 3, 1959.


Attorney(s) appearing for the Case

McCown, Wullschleger & Baumfalk, Beatrice, for appellant.

John E. Dougherty, York, for appellee.

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


SIMMONS, Chief Justice.

This is an action where plaintiff, a guest passenger, seeks to recover damages for injuries received when a car which defendant was driving and in which plaintiff was riding overturned at a highway intersection. The right to recover is based on alleged gross negligence of the host driver under the provisions of section 39-740, R.R.S.1943. At the close of all the evidence the court sustained a motion of the defendant to dismiss plaintiff's cause...

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