[DOWNLOAD] "Diane Neeld Botsch v. Joseph Reisdorff and" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Diane Neeld Botsch v. Joseph Reisdorff and
- Author : Court of Appeals of New York
- Release Date : January 18, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is an action growing out of a guest passenger automobile accident arising from an automobile-tractor collision in Butler County, Nebraska. Plaintiff and defendant Reisdorff stipulated that judgment be entered in favor of plaintiff against Reisdorff in the sum of $8,500, and such judgment was entered by the District Court. The theory of the plaintiffs case is that the acts of negligence alleged in her petition constituted both ordinary and gross negligence. On appeal, the plaintiff challenges the constitutionality of the guest statute, section 39-6,191, R. R. S. 1943, under the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States and the comparable and complementary provisions under the Constitution of the State of Nebraska. The issue is also presented as to the sufficiency of the evidence to submit the issue of gross negligence to the jury. The trial court refused to submit this issue and directed a verdict for the defendant Marohn.