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SCHMIDT v. JOHNSON

No. 37195.

171 N.W.2d 64 (1969)

184 Neb. 643

Jacob SCHMIDT, Sr., Father and next friend of Jacob Schmidt, Jr., a minor, Appellant, v. Oscar H. JOHNSON, Appellee.

Supreme Court of Nebraska.

October 3, 1969.

Attorney(s) appearing for the Case

Alfred A. Fiedler, Stephen E. Sturek, Jr., Omaha, for appellant.

Boland, Mullin, Walsh & Cooney, Omaha, for appellee.

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

CARTER, Justice.

This is an action for damages for injuries sustained by Jacob Schmidt, Jr., a minor, brought by his father, Jacob Schmidt, Sr., as next friend, against Oscar H. Johnson, resulting from negligence in the operation of the latter's automobile. The claim of damages to the father was assigned to Jacob Schmidt, Jr., and is included in the action as a separate cause of action. The jury returned a verdict for the defendant and the plaintiff appeals.

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