McMullin Transfer, Inc. v. State

Plaintiff-appellant, McMullin Transfer, Inc. (hereinafter McMullin), brought this action against defendants-appellees, State of Nebraska and Village of Shelby, for property damages, loss of use, and related damages resulting from the collision of a trailer, leased by the plaintiff and being pulled by plaintiff’s truck tractor, with a tree limb extending over the highway. The lessor of the trailer had assigned its claim for damages to plaintiff. In the petition, the plaintiff alleged the State and village were negligent in not keeping the highway free of obstructions and in a reasonably safe…