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WRASSE v. GUSTAVSON

No. 39519.

225 N.W.2d 274 (1975)

193 Neb. 41

Walter WRASSE, Jr., a minor, by and through his father and next friend, Walter Wrasse, Sr., Appellant, v. Wayne D. GUSTAVSON and Carroll H. Gustavson, Appellees.

Supreme Court of Nebraska.

January 23, 1975.

Attorney(s) appearing for the Case

Schmid, Ford, Mooney, Frederick & Caporale, M. Brian Schmid, Waldine H. Olson, Omaha, for appellant.

Emil F. Sodoro, Michael P. Cavel, Omaha, for appellees.

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

SPENCER, Justice.

This action arises out of an automobile accident. The trial court dismissed the action at the close of the plaintiff's evidence. The sole question presented to us is whether the plaintiff's evidence presented a jury question. We reverse.

The accident occurred shortly after 10:15 p. m. on January 23, 1972, approximately ½ mile south of the Douglas-Washington county line on U. S. Highway No. 73. The right front of plaintiff's vehicle collided...

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