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BAILEY v. CITY OF NORTH PLATTE

No. 83-690.

359 N.W.2d 766 (1984)

218 Neb. 810

Kelly R. BAILEY, Appellant, v. CITY OF NORTH PLATTE, Nebraska, a municipal corporation, Appellee.

Supreme Court of Nebraska.

December 21, 1984.

Attorney(s) appearing for the Case

Allen L. Fugate of Schneider & Fugate, P.C., North Platte, for appellant.

Frank E. Piccolo, Jr., of Murphy, Pederson, Piccolo & Pederson, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

HASTINGS, Justice.

The plaintiff has appealed from the order of the district court which sustained defendant's motion for summary judgment and ordered plaintiff's petition dismissed. Plaintiff assigns as error that the trial court incorrectly determined that the city of North Platte was an "owner" within the meaning of the Recreation Liability Act, Neb.Rev.Stat. §§ 37-1001 et seq. (Reissue 1984), and in determining that no material issue of fact existed...

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