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GUZMAN v. BARTH

No. S-94-598.

552 N.W.2d 299 (1996)

250 Neb. 763

Denise A. GUZMAN, Appellant, v. James BARTH, Appellee.

Supreme Court of Nebraska.

August 30, 1996.

Attorney(s) appearing for the Case

Thomas A. Gleason, Omaha, for appellant.

John R. Brogan, of Brogan & Brogan, York, for appellee.

WHITE, C.J., and FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

WRIGHT, Justice.

Denise A. Guzman appeals the district court's sustaining of a demurrer to her amended petition for damages as a result of being bitten by a dog owned by James Barth on Barth's property.

SCOPE OF REVIEW

In considering a demurrer, a court must assume that the pleaded facts, as distinguished from legal conclusions, are true as alleged and must give the pleading the benefit of any reasonable inference from the facts alleged, but cannot...

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