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HRABIK v. GOTTSCH

No. 40813.

251 N.W.2d 672 (1977)

198 Neb. 86

Dolores E. HRABIK, as Special Administratrix of the Estate of Michaela Ann Shea, Deceased, Appellant, v. James D. GOTTSCH and Herbert J. Gottsch, Appellees.

Supreme Court of Nebraska.

March 23, 1977.

Attorney(s) appearing for the Case

Francis P. Matthews, of Matthews, Kelley, Cannon & Carpenter, P. C., Omaha, for appellant.

Eugene P. Welch, Gross, Welch, Vinardi, Kauffman & Day, Omaha, for appellees.

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

McCOWN, Justice.

This is an action for wrongful death resulting from a car-pedestrian accident. The District Court sustained a motion to dismiss at the conclusion of plaintiff's evidence and plaintiff has appealed.

At about 12:45 a.m., January 20, 1973, the 14-year-old daughter of the plaintiff and two companions were crossing Military Avenue on foot at a point near Fort Street in the outskirts of Omaha, Nebraska, when they were struck by a car driven by defendant...

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