Toth Ex Rel. Toth v. Bacon

This is an action for damages arising out.of an automobile accident. The plaintiff, Susan Toth, was injured while riding in an automobile operated by the defendant, Cydney Beardmore, which collided with an automobile operated by the defendant, Chris Ann Bacon. At the close of the plaintiff’s evidence the trial court dismissed the action as to both defendants. The plaintiff appeals.

The accident happened at the intersection of 84th Street and West Dodge Road in Omaha, Nebraska, at about 11:30 a.m., on October 21, 1970. The sun was shining and the streets were dry. West Dodge Road runs…