STATE FARM MUTUAL AUTOMOBILE INS. CO. v. BUDD

No. 37364.

175 N.W.2d 621 (1970)

185 Neb. 343

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Appellant, v. William J. BUDD, Appellee.

Supreme Court of Nebraska.

March 20, 1970.


Attorney(s) appearing for the Case

Fraser, Stryker, Marshall & Veach, Daniel J. Cole, Jr., Stephen G. Olson, Omaha, for appellant.

Cassem, Tierney, Adams & Henatsch, Stephen A. Davis, Omaha, for appellee.

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


NEWTON, Justice.

The issue in this case is the right of defendant to invoke the statute of limitations as a defense. Plaintiff maintains that defendant is estopped to use this defense. The trial court entered judgment for defendant. We reverse the judgment of the trial court.

On December 26, 1961, plaintiff's insured, Sam F. Garafalo, was involved in an automobile accident with defendant William J. Budd. Defendant was insured by the Aetna Casualty & Surety...

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