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NICHOLS v. McARDLE

No. 34692.

102 N.W.2d 848 (1960)

170 Neb. 382

Gertrude NICHOLS, Special Administratrix of the Estate of Duane Nichols, deceased, Appellee. v. J. Emmett McARDLE, Appellant, Impleaded with The State of Nebraska, Department of Roads and Irrigation, Appellee.

Supreme Court of Nebraska.

May 6, 1960.

Attorney(s) appearing for the Case

Fraser, Wenstrand, Stryker, Marshall & Veach, Joseph Polack, O'Sullivan & O'Sullivan, Omaha, for appellant.

Wear, Boland, Mullin & Walsh, A. Lee Bloomingdale, Omaha, for appellee Nichols.

Harold S. Salter, Lincoln, for appellee State of Nebraska.

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

BOSLAUGH, Justice.

Gertrude Nichols as administratrix of the estate of Duane Nichols, deceased, seeks to recover by this litigation damages for the wrongful death of her husband, Duane Nichols, in the collision of an automobile operated by him with an automobile driven by appellant at or near the first intersection of highways south of the Waterloo overpass over the tracks of the Union Pacific Railroad Company on U. S. Highway No. 275, which collision and death were...

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