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CARADORI v. FITCH

No. 41267.

263 N.W.2d 649 (1978)

200 Neb. 186

Mary J. CARADORI, Special Administratrix of the Estate of Amy O. Caradori, Deceased Appellee, v. Jimmie F. FITCH, Appellant.

Supreme Court of Nebraska.

March 1, 1978.

Attorney(s) appearing for the Case

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

Raymond J. Walowski, P. C., Omaha, for appellee.

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

C. THOMAS WHITE, Justice.

Plaintiff-administratrix brought this action in the District Court for damages for the wrongful death of Amy O. Caradori, age 11. The trial judge submitted the case to the jury on the allegations of defendant's negligence and on the allegations of the decedent's contributory negligence. The jury returned a verdict for plaintiff of $40,000. Defendant appeals.

The defendant assigns as error: (1) The giving of and the refusal to give...

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