SNELLING v. PIEPER

No. 35927.

135 N.W.2d 707 (1965)

178 Neb. 818

George SNELLING, Jr. by and through his Father and next friend George Snelling, Sr., Appellant, v. Leo PIEPER and Vance Alfrey, Appellees.

Supreme Court of Nebraska.

June 11, 1965.


Attorney(s) appearing for the Case

Schrempp, Lathrop, Rosenthal, Albracht & Bruckner, Omaha, for appellant.

Boland, Mullin, Walsh & Cooney, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


WHITE, Chief Justice.

Plaintiff, a 12-year-old boy, suffered a broken leg and injuries resulting from a one-car accident occurring on July 27, 1962, when defendant Pieper's station wagon went out of control, overturned and crashed while going around a sharp curve. The trial court found, as a matter of law, that plaintiff was a guest under section 39-740, R.R.S.1943, and by appropriate instruction required the plaintiff to prove gross negligence. The verdict of the...

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