Hendrickson v. City of Kearney

I concur in the result only and disagree insofar as the majority opinion implies a subdivision of government may be liable for conditions resulting solely from the weather. The liability of a subdivision for injuries or damages caused by the condition of roads and bridges is measured by the terms of the statute, Neb. Rev. Stat. § 23-2411 (Reissue 1977) and § 81-8,219(2) (Reissue 1976), and it has no liability beyond that. The terms “insufficiency” or “want of repair” do not embrace conditions resulting naturally from weather and climate such as rain, snow, and ice unaffected by any act of the…