Hendrickson v. City of Kearney

Clinton, J.,

concurring in the result only.

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 subdivision. I can find no precedent which supports the position that subdivisions may be liable because a road or street is icy or dangerous solely as a consequence of natural conditions. Slippery conditions may cover large areas or may be isolated and spotty. To make the subdivision liable in these circumstances is to make it an insurer. Dicta of this court indicate that the subdivision is not liable for “climatic conditions” beyond its control. Stevens v. County of Dawson, 172 Neb. 585, 111 N.W.2d 220 (1961).