Porter v. Lancaster County

This is an action for damages for personal injuries alleged to have been caused by a defective condition of a state highway. At the close of plaintiff’s testimony there was a directed verdict for defendant. Plaintiff has appealed.

It may be conceded, for the purpose of argument, that plaintiff’s injuries were caused by a defect in a state highway about a mile west of the city of Lincoln. The principal question for determination is: Was the county of Lancaster liable because of the defect in the highway?

Section 39-832, Comp. St. 1929, provides: “If special damage happens to any person, * * * by…