Hendrickson v. City of Kearney

This is an action for damages against the City of Kearney, Nebraska, under the Political Subdivisions Tort Claims Act arising out of an automobile accident on a railway overpass. At the conclusion of the plaintiffs evidence the District Court sustained defendant’s motion to dismiss and the plaintiff has appealed.

At about 10:30 a.m. on January 17, 1977, the 24-year-old plaintiff was driving a Jeep pickup over an elevated railroad overpass which is on 2nd Avenue and Highways 10 and 44 in the City of Kearney. Plaintiff’s vehicle slid on the surface of the overpass, spun out of control, crossed…