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SMITH v. DAMATO

No. 35005.

112 N.W.2d 21 (1961)

172 Neb. 811

George E. SMITH, Appellee, v. John DAMATO, Executor of the Estate of Grace R. Damato, Deceased, Appellant.

Supreme Court of Nebraska.

December 1, 1961.

Attorney(s) appearing for the Case

Kennedy, Holland, De Lacy & Svoboda, Omaha, McGinley, Lane, Mueller & Shanahan, Ogallala, for appellant.

Francis A. McLane, Schrempp & Lathrop, Henry C. Rosenthal, Jr., Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

SIMMONS, Chief Justice.

This is an action arising under the guest passenger statute, section 39-740, R.R.S. 1943. It involves the issue of gross negligence.

Plaintiff was a guest passenger in an automobile driven by Grace R. Damato. The driver was instantly killed in the accident. The defendant is the executor of her estate.

Issues were made and trial had resulting in a verdict for the plaintiff. Defendant appeals.

We affirm the judgment of...

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