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Guyette v. Schmer

35 N.W.2d 689 (1949)

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Guyette v. Schmer

Nebraska Supreme Court

35 N.W.2d 689 (1949)

Facts

Patty Guyette (plaintiff) was riding her horse along a road when she and the horse were struck from behind by a truck driven by Willard Schmer (defendant). Guyette sued Schmer to recover for her injuries. It was disputed at trial how close Guyette and the horse were to the side of the road when the accident occurred. Strong was a witness to the accident, although he was in his car approximately 1,150 feet away when it occurred. Strong testified that he saw Guyette and the horse on the side of the road when the accident occurred. Schmer argued that Strong’s testimony was not competent given his distance from the accident when it occurred. The trial court granted Schmer’s motion for a directed verdict. Guyette appealed.

Rule of Law

Issue

Holding and Reasoning (Carter, J.)

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