Central Nebraska Public Power & Irrigation District v. Boettcher

Plaintiff brought this action for damages to one of the bridges across its canal allegedly caused by defendant driving a truck weighing in excess of the posted capacity of the bridge upon and over the bridge. Defendant answered, denied generally, and alleged that the bridge broke down because of its deteriorated condition and not through any fault of his. Trial was had to a jury resulting in a verdict for defendant. Plaintiff appeals. We reverse the judgment of the trial court and remand the cause with directions to enter a judgment for the plaintiff.

At the close of all the evidence plaintiff…