HUFF v. SEIPOLD

No. 37038.

164 N.W.2d 916 (1969)

183 Neb. 863

Patti HUFF, Appellant, v. Otto SEIPOLD, Appellee, Francis LECHNER, Third-Party Defendant, Appellee.

Supreme Court of Nebraska.

February 7, 1969.


Attorney(s) appearing for the Case

William H. Mecham, Charles H. Truelsen, Omaha, for appellant.

Cassem Tierney, Adams & Henatsch, John R. Douglas, Omaha, for Otto Seipold.

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, for Francis Lechner.

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


SMITH, Justice.

Otto Seipold having gained a jury verdict, Patti Huff in a motion for new trial alleged that misconduct of a juror ought to vitiate the verdict. She complained that the foreman had improperly used a Nebraska driver's manual published by the Department of Motor Vehicles. The district court overruled her motion. She has appealed.

The bill of exceptions contains no verbatim record of the jury trial, and counsel have stipulated few items. The evidence...

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