Doth v. Village of Walthill

Rist, District Judge.

Gertrude I. Doht brought this action against the Village of Walthill, Nebraska, under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 23-2401 to 2420 (Reissue 1977, Cum. Supp. 1980), for injuries sustained when she fell upon a public sidewalk of said Village. Following trial to the court, plaintiff recovered judgment against defendant in the amount of $30,000 and costs of the action.

The defendant Village has appealed to this court assigning as error the failure of the trial court to sustain defendant’s motion for summary judgment, and after trial, the…