CLINTON, Justice.
This is an action brought in the District Court for Cedar County, Nebraska, for property damage arising from the collision of two automobiles on any icy and snowpacked road in that county. A jury was waived and the matter tried to the court. After the plaintiff presented his evidence and rested, the defendant moved for a dismissal in the following language: "At this time, Your Honor, the defendant would move that the plaintiff's case be dismissed...
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