Fincham Ex Rel. Fincham v. Mueller

I disagree with that part of the majority opinion holding that the conduct of the operators of motor vehicles prior to a collision, the location and speed of such vehicles, and the physical facts existing at the scene of an accident, constitute a transaction within the meaning of the dead man’s statute.

The word transaction as used in the dead man’s statute means a personal transaction with the deceased, as this court has heretofore indicated. See, Harnett v. Holdrege, 5 Neb. (Unoff.) 114, 97 N. W. 443; Fitch v. Martin, 74 Neb. 538, 104 N. W. 1072; In re Estate of Baker, 144 Neb. 797, 14 N. W.…