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JOHNSON v. EVERS

No. 40193.

238 N.W.2d 474 (1976)

195 Neb. 426

Patricia Ann JOHNSON, a minor, by and through her father and next friend, Gerald Johnson, Appellant, v. William F. EVERS and Union Pacific Railroad Company, a corporation, Appellees.

Supreme Court of Nebraska.

February 11, 1976.

Attorney(s) appearing for the Case

James R. Welsh, G. Michael Kealhofer, Riedmann & Welsh, Omaha, for appellant.

Daniel P. Morisseau, Omaha, for Union Pacific R.R. Co.

Patrick W. Healey of Healey, Healey, Brown, Wieland & Burchard, Lincoln, for Evers.

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

McCOWN, Justice.

This is an action for personal injuries sustained by plaintiff in an automobile accident. The defendants were William F. Evers and Union Pacific Railroad Company. The District Court sustained a motion for summary judgment by the Union Pacific Railroad Company and dismissed that defendant. The plaintiff has appealed.

On April 18, 1966, the plaintiff, Patricia Ann Johnson, then a 9-year-old girl, was a passenger in a car driven by her mother...

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