MUNSON v. BISHOP CLARKSON MEMORIAL HOSPITAL

No. 37763.

186 N.W.2d 492 (1971)

186 Neb. 778

Margaret MUNSON, Appellant, v. BISHOP CLARKSON MEMORIAL HOSPITAL, a Corporation, Appellee.

Supreme Court of Nebraska.

April 30, 1971.


Attorney(s) appearing for the Case

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, for appellant.

Cassem, Tierney, Adams & Henatsch, Omaha, for appellee.

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


NEWTON, Justice.

Plaintiff seeks to recover for personal injuries sustained in a fall while crawling out over the foot of a hospital bed. Verdict and judgment were entered for defendant. On appeal, the only question presented is the propriety of an instruction on assumption of risk. We affirm the judgment of the district court.

The propriety of the instruction on assumption of risk depends upon the evidence. Was there evidence, although not undisputed, to...

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