Bailey v. City of North Platte

The plaintiff has appealed from the order of the district court which sustained defendant’s motion for summary judgment and ordered plaintiff’s petition dismissed. Plaintiff assigns as error that the trial court incorrectly determined that the city of North Platte was an “owner” within the meaning of the Recreation Liability Act, Neb. Rev. Stat. §§ 37-1001 et seq. (Reissue 1984), and in determining that no material issue of fact existed as to whether the city charged an entrance fee for the use of its softball diamond. We affirm.

The plaintiff was injured on June 11, 1980, while playing…