Legal Opinion
Smith v. Damato
Nebraska Supreme Court
Decided December 1, 1961No. 35005PublishedCited by 8 opinions
1Opinion of the CourtSimmons, C. J.
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 the trial court.
The accident occurred when the Damato car ran into the rear end of a highway grader of the state.
Plaintiff pleads negligence in the following particulars: The…
2Cases cited7 opinions
- Bland v. FoxNebraska Supreme Court · 1961
- Thompson v. EdlerNebraska Supreme Court · 1940
- Komma v. KreifelsNebraska Supreme Court · 1944
- O'NEILL v. HenkeNebraska Supreme Court · 1959
- Johnson v. NathanNebraska Supreme Court · 1955
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. Airport Authority of City of OmahaNebraska Supreme Court · 1962
- State v. BromwichNebraska Supreme Court · 1983
- Carley v. MeinkeNebraska Supreme Court · 1967
- Robinson v. HammesNebraska Supreme Court · 1962
- Bailey v. AMISUB (Saint Joseph Hospital), Inc.Nebraska Court of Appeals · 1992
3 more not listed; retrieve them via the Exa API.