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FYNBU v. STRAIN

No. 38993.

211 N.W.2d 917 (1973)

190 Neb. 719

Harold Jack FYNBU, as father and next friend of Jeffrey H. L. Fynbu, a minor, Appellant, v. Albert E. STRAIN, d/b/a Midget Amusements, Appellee.

Supreme Court of Nebraska.

November 9, 1973.

Attorney(s) appearing for the Case

Nelson, Harding, Marchetti, Leonard & Tate, Richard P. Nelson, Lincoln, for appellant.

Baylor, Evnen, Baylor, Curtiss & Grimit, Lincoln, for appellee.

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

BOSLAUGH, Justice.

This is an action by the father and next friend of Jeffrey H. L. Fynbu who was injured while riding on a small ferris wheel owned and operated by the defendant. The action was dismissed at the close of the plaintiff's evidence. The issue presented by the appeal is whether the plaintiff's evidence raised a question for the jury.

The accident happened on June 1, 1970, when Jeffrey was about 4 1/2 years old. He had gone to a shopping center...

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