Petersen v. Schneider

In the opinion previously filed in this case, Petersen v. Schneider, 153 Neb. 815, 46 N. W. 2d 355, we did not discuss the question whether or not the negligence of the driver of the automobile was imputable to the plaintiff. It now appears to us that this is important in determining the issues to be submitted on the retrial of the case.

The trial court instructed the jury that any negligence on the part of the driver of the automobile was imputable to the plaintiff. The record shows that plaintiff was the owner of the automobile being driven by Wellensiek at the time of the collision. There…