Torts - Supreme Court Review
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Authors
Issue Date
1976
Volume
9
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|During the past year the Supreme Court of Nebraska was confronted with a wide variety of cases in the field of torts. In the great majority of these cases the issues were easily resolved by reference to precedent and will be discussed only where a point of particular interest is presented. The court did, however, consider two very significant torts issues, viz., the constitutionality of Nebraska's automobile guest statute and contribution between joint tortfeasers.|In Botsch v. Reisdorffl the Nebraska Supreme Court held that the guest statute does not violate the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, nor any provision of the Constitution of the State of Nebraska...|The legitimate state interests of promoting hospitality and prevention of fraud provide a rational basis for upholding the statute. The court briefly discussed other more tenuous considerations that could be related to the guest statute as well. The decision thus predictably fell into the conservative half of decisions in various states considering the identical issue...
Description
Citation
9 Creighton L. Rev. 170 (1975-1976)
Publisher
Creighton University School of Law