FRITZ v. MARTEN

No. 39595.

225 N.W.2d 418 (1975)

193 Neb. 83

Steven FRITZ, by and through his father and next friend, Dennis L. Fritz, Appellant, v. Francis L. MARTEN and Mary J. Marten, Appellees.

Supreme Court of Nebraska.

January 30, 1975.


Attorney(s) appearing for the Case

Baird, Holm, McEachen, Pederson, Hamann & Haggart, Robert J. Banta, Omaha, for appellant.

Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, William J. Brennan, Jr., Omaha, for appellees.

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


BOSLAUGH, Justice.

This is an action by Dennis L. Fritz, as father and next friend of Steven Fritz, to recover damages for injuries to Steven inflicted by a cat owned by the defendants. The action was dismissed at the close of the plaintiff's evidence and the plaintiff has appealed.

The accident happened a little before noon on September 12, 1969. Steven was then approximately 2½ years old. Steven and his mother had been outside and Steven was playing...

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