GIANGRASSO v. SCHIMMEL

No. 38730.

207 N.W.2d 517 (1973)

190 Neb. 228

Dominick L. GIANGRASSO, Appellant, v. Julia K. SCHIMMEL et al., Appellees.

Supreme Court of Nebraska.

May 11, 1973.


Attorney(s) appearing for the Case

Thomas P. Kelley, Michael Kelley, Omaha, for appellant.

Fitzgerald, Brown, Leahy, McGill & Strom, William J. Brennan, Jr., C. L. Robinson, Omaha, for appellees.

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


SMITH, Justice.

The jury in a personal injury action was unable to reach a verdict; consequently, the court declared a mistrial. After a proper motion for judgment in favor of defendant Julia K. Schimmel, the court in response entered a judgment notwithstanding the verdict. Plaintiff appeals. His assignments of error relate to sufficiency of the evidence and to the entry of judgment notwithstanding the verdict.

The evidence is meager. Plaintiff walked out...

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