Hart Ex Rel. Hart v. Ronspies

The district court rendered a summary judgment for plaintiff on the issue of defendant’s negligence. It reserved for trial, however, issues of contributory negligence under the comparative negligence statute, proximate cause, and damages. Defendant has appealed, but plaintiff challenges appealability.

There is no jurisdiction unless the judgment affected a substantial right. See, § 25-1902, R. R. S. 1943; Otte man v. Interstate Eire & Cas. Co., Inc., 171 Neb. 148, 105 N. W. 2d 583. The district court possesses authority to render a summary judgment, interlocutory in character, on the issue of…