HART v. RONSPIES

No. 36502.

146 N.W.2d 795 (1966)

181 Neb. 38

Carol HART, a minor by her father and next friend, Ivan Hart, Appellee, v. R. B. RONSPIES, Appellant.

Supreme Court of Nebraska.

December 2, 1966.


Attorney(s) appearing for the Case

Deutsch & Hagen, Norfolk, for appellant.

Brogan & Monen, Norfolk, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and BOYLES, District Judge.


SMITH, Justice.

The district court rendered a summary judgment for plaintiff on the issue of defendant's negligence. It reserved for trial, however, issues of contributory negligence under the comparative negligence statute, proximate cause, and damages. Defendant has appealed, but plaintiff challenges appealability.

There is no jurisdiction unless the judgment affected a substantial right. See, section 25-1902, R.R.S.1943; Otteman v. Interstate Fire &...

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