MARTINEZ v. HOVELING

No. 37031.

169 N.W.2d 428 (1969)

184 Neb. 570

Peter MARTINEZ, Appellant, v. Norman HOVELING, Appellee.

Supreme Court of Nebraska.

July 11, 1969.


Attorney(s) appearing for the Case

Hal W. Bauer, Lincoln, for appellant.

Baylor, Evnen, Baylor, Urbom & Curtiss, Crosby, Pansing, Guenzel & Binning, Robert T. Grimit, Lincoln, for appellee.

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


NEWTON, Justice.

Plaintiff, pleading the doctrine of res ipsa loquitur, sued to recover for personal injuries resulting from a gunshot while hunting. Defendant pleaded a general denial, contributory negligence, and assumption of risk. Verdict and judgment were entered for defendant. We affirm the judgment.

The record discloses that plaintiff, defendant, and two other men were engaged in hunting pheasants. They lined up abreast and proceeded south through a...

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