Nebraska Revised Statutes
Neb. Rev. Stat. § 39-740 (2026)
Transferred to section 39-6,191
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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39-740.
Transferred to section 39-6,191.
Notes of Decisions
Cited in 54
cases, 1946–1984 · leading case: Hale v. Taylor, 220 N.W.2d 378 (Neb. 1974).
Hale v. Taylor, 220 N.W.2d 378 (Neb. 1974). “Defendant moved for a summary judgment contending that plaintiff was a guest passenger within the meaning of section 39-740, R.R.S.1943, and that, there fore, defendant was entitled to judgment as a matter of law.”
Lincoln v. Knudsen, 79 N.W.2d 716 (Neb. 1956). “*394 The other theory is that, assuming that she was not a passenger for hire but was a guest within the meaning of section 39-740, R. R. S. 1943, the evidence was sufficient for submission to a jury for the reason that it was adequate as proof of gross negligence within the…”
Eilts v. Bendt, 76 N.W.2d 623 (Neb. 1956). “The statute here involved is section 39-740, R. R. S. 1943, which provides in part: “The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person riding in such motor vehicle as a guest or by invitation and not for hire, unless such…”
Brackman ex rel. Schaub v. Brackman, 100 N.W.2d 774 (Neb. 1960). “The plaintiff contends that the trial court committed prejudicial error by defining slight and gross negligence in instruction No.”
Zoiman v. Landsman, 223 N.W.2d 49 (Neb. 1974). “this case are: (1) Did the District Court err in not permitting the question as to whether the plaintiff was or was not a guest to go to the jury; (2) in holding as a matter of law that the defendant driver of the automobile was not guilty of gross negligence; and (3) whether…”
O'NEILL v. Henke, 94 N.W.2d 322 (Neb. 1959). “The right to recover is based on alleged gross negligence of the host driver under the civil liability provisions of section 39-740, R. R. S. 1943. At the conclusion of all the evidence the trial court sustained a motion of the defendant to dismiss on the ground that the…”
Kaufman v. Tripple, 144 N.W.2d 201 (Neb. 1966). “Section 39-740, R. R. S. 1943, provides in part: “The owner or operator of a motor vehicle shall not be liable for’ any damages to any passenger or person riding in *597 such motor vehicle as a guest or by invitation and not for hire, unless such damage is caused by the driver.”
Fulmer v. United States, 133 F. Supp. 775 (D. Neb. 1955). “But the defendant is not absolved from liability on account of Section 39-740, R.S.Neb.1943. The plaintiff was being transported not as a nonpaying guest, or as a guest at all.”
Cunning v. Knott, 59 N.W.2d 180 (Neb. 1953). “There is no contention here that defendant was driving under the influence of intoxicating liquor within the meaning of section 39-740, R. R. S. 1943. The evidence as to his drinking intoxicants, however, is a circumstance to be considered in determining whether defendant was…”
Johnson v. Jastram, 52 N.W.2d 245 (Neb. 1952). “The theory on which the petition is drawn is that on June 22, 1950, plaintiff’s decedent was a guest passenger, within the meaning of section 39-740, R. S. 1943, in an automobile owned and operated by the defendant and that while he was such guest the defendant was guilty of…”
Sautter v. Poss, 50 N.W.2d 547 (Neb. 1951). “Appellant questions the sufficiency of the evidence to present a question of fact for the jury.”
Hansen v. Lawrence, 30 N.W.2d 63 (Neb. 1947). “It appears from the instructions that the trial judge kept in mind the guest statute, section 39-740, R. S. 1943, and from these instructions appears to have instructed the jury on the theory that the evidence indicated that the facts clearly brought this case within the rule of…”
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