Witthuhn v. Durbahn

Frank T. Gallagher, Justice.

Appeal from an order of the district court dismissing plaintiff’s cause of action.

This case arises out of an automobile accident. On December 1, 1963, Everett Witthuhn was a passenger in a car driven by his brother Warren. While stopped at an intersection, the Witthuhn car was struck from behind by a car driven by defendant Mary Durbahn and owned by her husband, defendant Merle C. Durbahn. Everett Witthuhn apparently sustained rather serious injuries in the collision and brought an action against the Durbahns alleging negligence consisting of excessive speed and…