IN RE ESTATE OF COOK

No. 38149.

196 N.W.2d 380 (1972)

188 Neb. 312

In the Matter of the ESTATE of Joseph COOK, Deceased. Francis B. HAIAR, Appellant, v. E. J. KESSLER, Administrator of the Estate of Joseph Cook, Deceased, Appellee.

Supreme Court of Nebraska.

April 14, 1972.


Attorney(s) appearing for the Case

Robak & Geshell, Columbus, for appellant.

Ray C. Simmons, Fremont, for appellee.

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


SMITH, Justice.

A petition on appeal against the estate of a deceased alleged negligent damage in a tractor-automobile collision at a controlled intersection. During the trial the district court dismissed the petition at the close of petitioner's case-in-chief. Petitioner appeals. He asserts that he satisfied the burden of producing evidence and that the court in excluding evidence misconstrued an amendment to the dead man's statute.

The intersection, located...

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