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SCHLEUSENER v. NEBRASKA TRACTOR & EQUIPMENT CO.

No. 37970.

193 N.W.2d 438 (1972)

187 Neb. 648

Clara SCHLEUSENER, Executrix of the Last Will and Testament of Edward Schleusener, Deceased, Appellee, v. NEBRASKA TRACTOR & EQUIPMENT COMPANY, a Corporation, Appellant, Impleaded with Cuming County, Nebraska, a Political Subdivision, Appellee.

Supreme Court of Nebraska.

January 7, 1972.

Attorney(s) appearing for the Case

Fraser, Stryker, Marshall & Veach, Omaha, for appellant.

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

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

SPENCER, Justice.

This is an action for the wrongful death of Edward Schleusener while a passenger in an automobile owned and operated by an employee of the Nebraska Tractor & Equipment Company. Deceased died from carbon monoxide poisoning on March 22 or 23, 1966, while an occupant of a stalled automobile, during a violent snow storm. Judgment was rendered for the plaintiff executrix. We reverse.

On March 22, 1966, Joseph Grasso and Charles W. Martin,...

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