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GERHARDT v. McCHESNEY

No. 43521.

314 N.W.2d 258 (1982)

210 Neb. 351

Donald John GERHARDT, Special Administrator of the Estate of Lena Augusta Gerhardt, deceased, Appellant, v. William Emmitt McCHESNEY, Appellee.

Supreme Court of Nebraska.

January 8, 1982.

Attorney(s) appearing for the Case

Warren C. Schrempp and John J. Hanley, Omaha, for appellant.

Gross, Welch, Vinardi, Kauffman, Day & Langdon, Omaha, for appellee.

Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and BLUE, District Judge.

BRODKEY, Justice.

Donald John Gerhardt, special administrator of the estate of Lena Augusta Gerhardt, brought this action for wrongful death, resulting from an automobile-pedestrian accident, in the District Court of Douglas County, Nebraska, against the operator of the motor vehicle, defendant William Emmitt McChesney. In his petition filed on August 16, 1976, the plaintiff alleged negligence on the part of the defendant as follows: (1) Failing to maintain a proper...

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