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CREWDSON v. BURLINGTON NORTHERN R. CO.

No. 87-296.

452 N.W.2d 270 (1990)

234 Neb. 631

Marvin CREWDSON, Personal Representative of the Estate of Dan L. Crewdson, Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant.

Supreme Court of Nebraska.

March 9, 1990.

Attorney(s) appearing for the Case

Richard A. Knudsen, Steven D. O'Brien, and Thomas L. Beam, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellant.

Vard R. Johnson, of Broom, Johnson, Fahey & Clarkson, Peter J. Hoagland, Omaha, and Toney J. Redman, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

PER CURIAM.

Burlington Northern Railroad Company (BN) appeals a $510,000 verdict awarded by a Lancaster County jury for the wrongful death of Dan L. Crewdson.

We affirm the jury's finding of liability on the part of BN, find the verdict excessive, and remand the cause for a new trial on damages only.

Twenty-one-year-old Dan Crewdson was killed instantly about 6:30 a.m. January 30, 1984, when the car he was driving in a southerly direction on a rural...

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