Updike v. City of Omaha

I am unable to concur in the majority opinion. The courts are not in accord concerning the principle controlling the liability of a municipal corporation for personal injuries inflicted by reason of its defective streets. In City of Omaha v. Olmstead, 5 Neb. 446, we held that the city, in accepting its charter and the privileges therein bestowed, by implication promised the state to perform the duties thereby cast upon» the municipality, and individuals injured by the city’s failure to keep its promise had a right of action against the city. “The acceptance of these privileges is considered…