Nebraska Revised Statute 25-21,204
Chapter 25 Section 21,204
Actions against state; judgment.
The court in which such action may be brought shall hear and determine the matter upon the testimony according to justice, as upon the amicable settlement of a controversy, and shall render award and judgment against the claimant, or the state, as upon the testimony justice may require.
- Laws 1877, § 4, p. 20;
- R.S.1913, § 1180;
- C.S.1922, § 1103;
- C.S.1929, § 27-322;
- R.S.1943, § 24-322;
- R.S.1943, (1985), § 24-322.
Statute forbids court from construing doubtful contract provision so that it operates oppressively against one of the parties. In re Appeal of the Roadmix Construction Corp., 143 Neb. 425, 9 N.W.2d 741 (1943); Lyman-Richey Sand & Gravel Co. v. State, 123 Neb. 674, 243 N.W. 891 (1932).
Where state built a cheap, temporary and inadequate bridge, thereby damaging plaintiff's property, justice and right required payment of compensation therefor. Gledhill v. State, 123 Neb. 726, 243 N.W. 909 (1932).
"Justice and right" is construed in reference to damages caused by a bridge constructed by state and county jointly. Nine Mile Irr. Dist. v. State, 118 Neb. 522, 225 N.W. 679 (1929).
In case where legislative authority is given to sue state for property damages, court may, where "justice and right" require it, include interest in a judgment rendered against the state. City of Chadron v. State, 115 Neb. 650, 214 N.W. 297 (1927), rehearing denied 115 Neb. 657, 215 N.W. 137 (1927).
Under principle of "justice and right," state is not liable for loss of cattle through negligence of individual members of state surveying party. Benda v. State, 109 Neb. 132, 190 N.W. 211 (1922).
In authorized suit on claim against state, court should render judgment upon testimony as right and justice may require. Commonwealth Power Co. v. State, 104 Neb. 439, 177 N.W. 745 (1920).
It is the duty of the court to brush aside technical defenses, and lapse of time should not be permitted to defeat just claim. Lancaster County v. State, 97 Neb. 95, 149 N.W. 331 (1914).