Torts - Supreme Court Review
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Authors
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The Nebraska Supreme Court in the past year steadfastly adhered to precedent, making only minor changes in Nebraska tort theory. The court exhibited a strong affinity to the Restatement (Second) of Torts, carefully analyzing cases according to the factors provided therein. A citation to an applicable section of the Restatement may reap substantial dividends to a party in its burden of persuasion before the court. In Davis v. Cunningham, a small boy sustained injuries as a result of pulling his grandfather's unbalanced plow onto himself. The court quoted the Second Restatement of Torts as to the findings which must be made before a possessor of land may be held liable for injuries sustained by a child on the property. Noting that the machinery was stationery, and quoting from Law of Torts wherein it is stated that a possessor of land is under no obligation to make his property childproof, the court reversed a jury verdict for the plaintiff and found that as a matter of law the child's injury was not foreseeable. The court noted that the "tendency of the courts is to limit rather than extend the attractive nuisance doctrine."...
Description
Citation
10 Creighton L. Rev. 217 (1976-1977)
Publisher
Creighton University School of Law