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HENDRICKSON v. CITY OF KEARNEY

No. 43491.

312 N.W.2d 677 (1981)

210 Neb. 8

Vickie L. HENDRICKSON, formerly Vickie L. Pugliese, Appellant and Cross-Appellee, v. CITY OF KEARNEY, Nebraska, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

November 20, 1981.

Attorney(s) appearing for the Case

John T. Tarrell of Tarrell & Alexander and Donald J. Loftus, P. C., Kearney, for appellant and cross-appellee.

Marmion F. Yeagley and Kenneth F. George of State & Yeagley and Michael E. Kelley, Kearney, for appellee and cross-appellant.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

McCOWN, Justice.

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 plaintiff's 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...

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