Dennis v. Berens

This is an action for damages sustained by the plaintiff, a pedestrian, who was struck by an automobile operated by the defendant. The trial court entered a summary judgment for the defendant and the plaintiff appeals.

The record shows that defendant took the deposition of the plaintiff prior to trial, in which the plaintiff testified substantially as follows: Plaintiff was walking from west to east across Twenty-fourth Street at the alley between Chicago and Cass Streets in the city of Omaha. Before crossing the street plaintiff stopped on the sidewalk and looked both ways, and saw the…