Erschens Ex Rel. Erschens v. County of Lincoln

Rogosheske, Justice.

Appeal from an order of the district court denying plaintiffs’ motion for a new trial.

The action arose out of a December 7, 1967, accident in which plaintiff Thomas Erschens, a minor, sustained brain injury and resulting amnesia. The accident occurred when an automobile owned by his father, plaintiff Leo J. Erschens, and driven by Thomas passed through a barricade and upset, coming to rest on its top at the bottom of an excavation which had been made in the roadway preparatory to constructing a new bridge on Lincoln County State-Aid Road. No. 13. Although there were no…