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JOHNSON v. MUNICIPAL UNIVERSITY OF OMAHA

No. 37061.

169 N.W.2d 286 (1969)

184 Neb. 512

Jack JOHNSON, By and Through G. L. Johnson, His Father and Next Friend, Appellant, v. The MUNICIPAL UNIVERSITY OF OMAHA, Appellee.

Supreme Court of Nebraska.

June 20, 1969.

Attorney(s) appearing for the Case

Matthews, Kelley, Cannon & Carpenter, Omaha, for appellant.

Boland, Mullin, Walsh & Cooney, Omaha, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and WALTER H. SMITH, District Judge.

McCOWN, Justice.

The plaintiff, Jack Johnson, participated in a track meet held on the premises of the defendant, University of Omaha, on May 12, 1967. While pole vaulting, Johnson fell upon a wooden box which had been placed by the defendant beneath the pole vault standards. This action was for damages resulting from the injuries sustained.

The petition alleged negligence on the part of the defendant in placing hard,

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