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DAVIS v. CUNNINGHAM

No. 40258.

241 N.W.2d 343 (1976)

196 Neb. 8

Philip M. DAVIS, by Steven Paul Davis, his father and next friend, Appellant, Cross-Appellee, v. Ivan CUNNINGHAM, Appellee, Cross-Appellant.

Supreme Court of Nebraska.

April 28, 1976.

Attorney(s) appearing for the Case

Philip T. Morgan, Fullerton, for appellant.

James A. Beltzer, Luebs, Tracy, Dowding, Beltzer & Leininger, Grand Island, for appellee.

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

NEWTON, Justice.

In this action recovery is sought for personal injuries sustained by Philip M. Davis, a 3-year-old boy, on his grandfather's farm. Verdict and judgment were for plaintiff for $1,800. Plaintiff has appealed on the ground the verdict was inadequate and the defendant grandfather has cross-appealed on the ground that negligence does not appear. The judgment is reversed and the cause dismissed.

Defendant's daughter Lana, with her new baby and son...

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