# Brown v. City of Omaha

> Nebraska Supreme Court · August 30, 1968 · 183 Neb. 430

URL: https://www.frixlaw.com/law-library/cases/9722801

## Case

- **Full name:** Barbara Brown, Appellant, v. City of Omaha, Appellee
- **Court:** Nebraska Supreme Court
- **Decided:** August 30, 1968
- **Citations:** 183 Neb. 430; 160 N.W.2d 805; 1968 Neb. LEXIS 566
- **Precedential status:** Published
- **Opinion:** Concurrence by Boslaugh
- **Judges:** White, Carter, Spencer, Boslaugh, Smith, McCown, Newton
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9722801

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9722801. Public record. Not legal advice.