Stahlhut v. County of Saline

125 N.W.2d 520, 176 Neb. 189, 1964 Neb. LEXIS 166
CourtNebraska Supreme Court
DecidedJanuary 3, 1964
Docket35479
StatusPublished
Cited by11 cases

This text of 125 N.W.2d 520 (Stahlhut v. County of Saline) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stahlhut v. County of Saline, 125 N.W.2d 520, 176 Neb. 189, 1964 Neb. LEXIS 166 (Neb. 1964).

Opinions

Messmore, J.

Charles J. Stahlhut, plaintiff, brought this action at law in the district court for Saline County, against the County of Saline, defendant, to recover damages for personal injuries sustained by the plaintiff and damage to his automobile due to the negligence of the defendant in failing to properly maintain a bridge which collapsed while the plaintiff was driving over it. The case was tried to a jury, resulting in a verdict for the defendant on its counterclaim in the amount of $8,500. The plaintiff filed a motion for new trial or in the alternative a motion for judgment notwithstanding the verdict. This motion was overruled. The plaintiff appeals.

The County of Saline is a governmental subdivision of the State of Nebraska, charged by the laws of the State of Nebraska with the construction and maintenance of certain county roads within its boundaries. The accident herein involved occurred on or about January T, 1961, upon a bridge and roadway which the County of Saline constructed and erected and was liable to maintain and keep in repair. This bridge was located at a point approximately 200 feet west of the corporate limits of the city of Crete, for the use and convenience of automobiles and other traffic using the county road crossing the bridge. It is admitted that the bridge fell or collapsed about January 1, 1961.

So far as necessary to consider on this appeal, the pleadings reflect the following: The plaintiff alleged [191]*191in his amended petition that the proximate cause of the plaintiff’s damages was the negligence and carelessness of the defendant County of Saline in the care and maintenance of the bridge which it was required to maintain, in that the defendant negligently permitted all of the struts of the bridge to become rusted, worn, and weakened; in that the defendant failed to repair the struts of the bridge when it knew, or should have known, that such struts were rusted and worn out to the point where the bridge would not carry ordinary traffic; and in continuing to maintain the bridge when the defendant knew, or should have known, that the entire structure of the bridge had become old, obsolete, deteriorated, and rusted and therefore unfit for use by modern traffic.

The defendant, in answer to the plaintiff’s amended petition, alleged that the collapse of the bridge and whatever damage, if any, resulted therefrom was occasioned solely by the plaintiff’s own negligence and without any fault or negligence on the part of the defendant or its employees. The defendant, for counterclaim against the plaintiff, alleged that on or about January 1, 1961, at about 12:30 a.m., the plaintiff went upon the bridge from the west, proceeding east, in his automobile; that he operated the same while on the bridge in a careless and negligent manner; and that he permitted the automobile to strike the truss uprights, railing, and lower chord of the bridge on the north side thereof with such force as to cause the bridge to collapse and fall into the river below, pulling with it a part of the west and east abutments and approaches thereto. The specific acts of negligence on the part of the plaintiff in the operation of his automobile which constituted the sole proximate cause of the collapse of the bridge and the resulting damages, were alleged as follows: That the plaintiff failed to have his automobile under proper and reasonable control; failed to maintain a proper lookout; failed to keep his automobile on the right side of the bridge; operated his automobile at a speed greater [192]*192than was reasonable and prudent under the conditions then existing; and operated his automobile carelessly and recklessly and drove it with such force and speed against the north side of the bridge as to cause the superstructure of the bridge to .weaken and the entire bridge, except the approaches thereto, to collapse. It was further alleged that the part of the bridge struck by the plaintiff’s automobile was about the center of the lower chord, truss, and railing; and that due to the carelessness and negligence of the plaintiff as above set forth the bridge became worthless and unfit for travel so that it would have to be wholly rebuilt by the defendant at great cost and expense. The defendant prayed for judgment against the plaintiff for damages.

The plaintiff’s reply to the defendant’s answer to the plaintiff’s amended petition and to the counterclaim, of the defendant was a general denial of new matter contained therein.

The plaintiff filed an answer to the counterclaim of the defendant wherein the plaintiff specifically denied any negligence on his part in the operation of his automobile; and alleged that the bridge had become worthless and unfit for travel, had no value whatever, and was actually a hazard to the traveling public.

The plaintiff assigns as error that in view of the amount of the verdict based upon comparative negligence of the parties and upon instruction No. 14, the verdict reflected that the jury had to have found the defendant guilty of more than slight negligence; that the court erred in giving instruction No. 14 in that the instruction did not limit the negligence of the plaintiff to that charged by the defendant and counterclaimant in the pleadings, and authorized a recovery for negligence generally; and that the instruction was further erroneous in that it allowed a recovery by the defendant and counterclaimant for the reasonable cost of replacing the bridge with one of like kind and quality with no mention [193]*193of a deduction for what had been recovered by way of salvage.

The plaintiff testified that he lived in Crete, was 41 years old, and worked in his father’s drugstore; and that at about 12:30 a.m., January 1, 1961, he had an accident while he was driving his automobile in an easterly direction at a point approximately 200 feet outside the city limits of Crete and at a point where a bridge, owned and maintained by the defendant, crosses the Blue River. When he arrived at the bridge, there was no traffic coming toward him. He went onto the bridge at an approximate rate of speed of 35 to 40 miles an hour. The roads were dry and the floor of the bridge was dry. As he started across the bridge, his first sensation was a weightless feeling, and he felt like his “stomach went up in the air a little bit.” The next thing he remembered he was trying to crawl out of the debris. He was out of his automobile, but did not know what had happened to it. The bridge had collapsed, and he believed that he was down below on some of the planks of the bridge. He could feel blood on his face. He did not know where his automobile was. He heard people calling, and he started to walk. He found his automobile had crossed the bridge. Up to the time he experienced the “up and down” feeling in his stomach, his automobile had not struck the bridge. Pie further testified that he believed his car must have struck something.

On cross-examination the plaintiff testified that he was familiar with the bridge and had crossed it at times for 31 years; that he never made any complaint about the bridge; that at about 12:10 or 12:15 a.m., January 1, 1961, he went across the bridge to the west going to Tuxedo Park; that the bridge had been closed but was opened the afternoon of December 31, 1960; that he did not know what happened; that the right rear fender of his automobile had been mashed in a little bit; and that the center part of the front end of his automobile was [194]*194bent in a “V” shape, like it had struck something.

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Stahlhut v. County of Saline
125 N.W.2d 520 (Nebraska Supreme Court, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
125 N.W.2d 520, 176 Neb. 189, 1964 Neb. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stahlhut-v-county-of-saline-neb-1964.