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GUBALKE v. ESTATE OF ANTHES

No. 38422.

202 N.W.2d 836 (1972)

189 Neb. 385

John GUBALKE, father and next friend of Joseph Gubalke, a minor, Appellant, v. ESTATE of Rueben G. ANTHES and Anna Anthes, Appellees.

Supreme Court of Nebraska.

December 15, 1972.

Attorney(s) appearing for the Case

Alfred A. Fiedler, Fiedler & Fiedler, Omaha, for appellant.

Richard Jeffries, Emil F. Sodoro, Ronald H. Stave, Omaha, for appellees.

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

CLINTON, Justice.

This is an action brought by the plaintiff as father and next friend of Joseph Gubalke to recover for personal injury, consisting of the loss of an eye, to Joseph, then 7 years of age, allegedly caused by the negligence of the defendants in installing and maintaining on residential property which they occupied a chain link fence, the upper edge of which was "raw." The injury occurred when Joseph ran or...

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