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SHAMBURG v. FOLKERS

No. 37749.

188 N.W.2d 723 (1971)

187 Neb. 169

Kenneth P. SHAMBURG, Appellee, v. Kenneth R. FOLKERS, Appellant.

Supreme Court of Nebraska.

July 2, 1971.

Attorney(s) appearing for the Case

Healey, Healey, Brown & Burchard, Lincoln, for appellant.

Marti, O'Gara, Dalton & Bruckner, Lincoln, for appellee.

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

CLINTON, Justice.

This action grows out of a head-on motor vehicle collision which occurred during daylight hours near the crest of a hill on a graveled county road known as the Malcolm-Garland road, which runs in an eastwest direction. The plaintiff Kenneth P. Shamburg was driving a 1965 Chevrolet ¾-ton pickup east. The defendant Kenneth R. Folkers was driving a 1967 Mercury west. There were no witnesses to the collision save the parties. Folkers cross-petitioned...

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