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LUBASH v. LANGEMEIER

Nos. 39648 and 39649.

227 N.W.2d 405 (1975)

193 Neb. 371

David LUBASH, Appellant, v. Brian L. LANGEMEIER et al., Appellees. Rodney NEWILL, by and through Mrs. Helen Newill, his mother and next friend, Appellant, v. Brian L. LANGEMEIER et al., Appellees.

Supreme Court of Nebraska.

March 27, 1975.

Attorney(s) appearing for the Case

David A. Johnson, Emil F. Sodoro, Ronald H. Stave, Omaha, for appellants.

Ray C. Simmons, Fremont, for appellees.

Heard before SPENCER, McCOWN, and NEWTON, JJ., HAMILTON, District Judge and KUNS, Retired District Judge.

SPENCER, Justice.

Plaintiffs brought these actions for the recovery of damages for personal injuries sustained while riding as guests in a truck owned by defendant Leon E. Langemeier and operated by his son Brian L. Langemeier. The petitions of the plaintiffs contained one cause of action alleging ordinary negligence against both defendants, raising the constitutionality of the guest statute, section 39-740, R.R.S.1943. The sole issue presented in this appeal is the...

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