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KEHM v. DUMPERT

No. 36916.

162 N.W.2d 520 (1968)

183 Neb. 568

Mollie A. KEHM, Appellee, v. Eugene DUMPERT, real, full and true name unknown, Appellant, Revived in the name of Walter A. Dumpert, Administrator of the Estate of Eugene Dumpert, Appellant.

Supreme Court of Nebraska.

November 15, 1968.

Attorney(s) appearing for the Case

Kier, Cobb & Luedtke, Fredrick L. Swartz and William A. Wieland, Lincoln, for appellant.

Johnston, Grossman & Johnston, Lincoln, for appellee.

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

NEWTON, Justice.

This is a personal injury action. On trial to a jury, a verdict was returned for the defendant. A motion for new trial was subsequently filed which was sustained by the court.

Plaintiff Mollie A. Kehm had attended a dance on the night of October 2, 1965, with one Emil Krupicka. On leaving the dance, which was held at the Legion Club in Exeter, Nebraska, the couple went to a restaurant and on finding it closed, they drove west on U.S. Highway...

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