[Download] "Newberry v. Board of County Comrs" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Newberry v. Board of County Comrs
- Author : Supreme Court of the United States
- Release Date : January 08, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The dispositive issue in this case is whether civil liability to Joseph Newberry (Newberry) on the part of Fremont County is controlled by the Wyoming Governmental Claims Act, WYO. STAT. §Â§ 1-39-101 through 120 (1988 and Supp. 1995), or by a document entitled "Statement of Willingness to Assume Financial Responsibility" furnished to the Interstate Commerce Commission by Fremont County. The document was furnished to comply with Title 16 U.S.C. § 1247(d) (1983), part of the National Trails System Act. The apparent purpose of the pertinent part of this federal legislation is to provide for the utilization of existing railroad rights-of-way as trails in order to "bank" such rights-of-way rather than abandon them. Newberry was seriously injured when he drove his vehicle off a partially washed-out trestle on the railroad right-of-way for which Fremont County had assumed financial responsibility. The trial court entered summary judgment in favor of Fremont County on the premise of governmental immunity. We hold the liability of Fremont County is controlled by the Wyoming Governmental Claims Act and, pursuant to the statute, Fremont County enjoys immunity. We affirm the order granting summary judgment entered in the trial court.