SPENCER, Justice.
This is an action for personal injuries brought by Mildred Hackney against Elwood Klintworth, her son-in-law. The trial court sustained defendant's motion for a summary judgment and plaintiff has perfected an appeal to this court.
In support of his motion, defendant offered the depositions of the parties as well as the deposition of his wife, the plaintiff's daughter. They were the only eyewitnesses.
The facts are not in dispute....
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