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YOUNKER v. PETER KIEWIT SONS COMPANY

No. 36258.

146 N.W.2d 202 (1966)

180 Neb. 835

Evelyn Irene YOUNKER, Administratrix of the Estate of Theodore Younker, Deceased, Appellee, Cross-Appellant, v. PETER KIEWIT SONS COMPANY, a Corporation and Floy Faye McClain, Appellees, Cross-Appellees, Impleaded with Donald E. Leistra, Appellant, Cross-Appellee, International Harvester Co., Appellee.

Supreme Court of Nebraska.

November 11, 1966.

Attorney(s) appearing for the Case

Story, Carl & Parker, Omaha, for appellant.

Francis M. Casey, Plattsmouth, for Evelyn Irene Younker.

Cassem, Tierney, Adams & Henatsch, Omaha, for Kiewit Sons.

Gross, Welch, Vinardi, Kauffman & Schatz, Omaha, for McClain.

Fitzgerald, Brown, Leahy, McGill & Strom, Omaha, for International Harvester Co.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ., and NEWTON, District Judge.

WHITE, Chief Justice.

This is an action for wrongful death arising from an automobile accident occurring on U. S. Highway No. 73-75 south of Omaha, Nebraska, on September 20, 1963, about 4:40 p. m.

Plaintiff's decedent, Theodore Younker, was riding as a guest passenger in an automobile operated by the defendant-appellant, Donald E. Leistra, in a westerly direction across U. S. Highway No. 73-75, when the Leistra automobile and an automobile operated in a southerly...

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