Legal Opinion · Dissent

Bartek v. Glasers Provisions Co.

Nebraska Supreme Court

Decided July 15, 1955No. 33661Published

1DissentSimmons, C. J.

I concur in the result.

I dissent from the holding of the court that the negligence of the husband driver of the car is not imputed to the plaintiff who was the owner of the car.

Plaintiff pleaded that the accident and her damages were the proximate result of the negligence of the defendants and each of them “without any negligence on the part of the plaintiff or the operator of plaintiff’s car in which she was a passenger.” Defendants, answering separately, denied generally, and alleged that the automobile in which plaintiff was riding was being driven by her husband as her agent; that the…

2Cases cited10 opinions

  1. Rodgers Et Ux. v. SaxtonSupreme Court of Pennsylvania · 1931
  2. Powers v. State Ex Rel. ReynoldsCourt of Appeals of Maryland · 1940
  3. Challinor v. AxtonCourt of Appeals of Kentucky (pre-1976) · 1932
  4. Foley v. HurleyMassachusetts Supreme Judicial Court · 1934
  5. Petersen v. SchneiderNebraska Supreme Court · 1951

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