holding that because doctrine was originally common-law rule, this court may modify it in absence of legislative action to contrary
How later courts described this case
- holding that because doctrine was originally common-law rule, this court may modify it in absence of legislative action to contrary
- stating that both the court and the legislature have the authority to waive sovereign immunity
- plurality holds that while Legislature might have “the ultimate word,” courts also have power to abrogate sovereign immunity from tort liability arising out of ownership, use, and operation of motor vehicles
- “[w]e are convinced that the rule of governmental tort immunity is of judicial or common law origin, and that this court has power to modify it in the absence of legislative action to the contrary”
Written by the judges who cited it.
The opinion
Boslaugh, J.,
concurring.
The City of Omaha, Nebraska, has never been immune from suit. It has been subject to suit since the date of *447 its incorporation in 1857. See Laws 1857 (Third Territorial Sess.), p. 193. The matter was not discussed in the opinion of the court because there was no issue concerning it.