reglab/housing_qa huggingface dataset:
NE Code § 25-21,157 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,157 - Trial; issues of fact; how conducted.

25-21,157.  Trial; issues of fact; how conducted.When a proceeding under sections 25-21,149 to 25-21,164 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.Source   Laws 1929, c. 75, § 9, p. 258;   C.S.1929, § 20-21,148;   R.S.1943, § 25-21,157. Annotations  A party may not simply move the court for a declaratory judgment; no such summary proceeding is recognized in Nebraska. Breci v. St. Paul Mercury Ins. Co., 288 Neb. 626, 849 N.W.2d 523 (2014). In a declaratory judgment action involving the determination of issues of fact, such issues may be tried and determined as in other civil actions. Millard Rur. Fire Prot. Dist. No. 1 v. City of Omaha, 226 Neb. 50, 409 N.W.2d 574 (1987). Fact questions in a declaratory judgment action may be tried and determined as in other civil actions. OB-GYN v. Blue Cross, 219 Neb. 199, 361 N.W.2d 550 (1985). Where a decision appealed from involves, at the outset, questions of fact, the parties are entitled to a jury trial, notwithstanding the fact that the action may have involved both questions of fact and of law. Hemenway v. MFA Life Ins. Co., 211 Neb. 193, 318 N.W.2d 70 (1982). In a declaratory judgment action, issues of fact may be tried and determined as in other civil actions, and if the action would otherwise be an action at law and is tried to the court without a jury the trial court's findings have the effect of a jury verdict. Larutan Corp. v. Magnolia Homes Manuf. Co., 190 Neb. 425, 209 N.W.2d 177 (1973). Where jury waived, judgment of trial court will not be set aside unless clearly wrong. Belek v. Travelers Ind. Co., 187 Neb. 470, 191 N.W.2d 819 (1971). Issues of fact may be tried and determined as in other civil actions. American Standard Ins. Co. v. Tournor, 186 Neb. 585, 185 N.W.2d 267 (1971); United Services Automobile Assn. v. Hills, 172 Neb. 128, 109 N.W.2d 174 (1961); State Farm Mutual Auto. Ins. Co. v. Kersey, 171 Neb. 212, 106 N.W.2d 31 (1960). An issue of fact may be submitted for determination by a jury. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).
NE Code § 25-21,158 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,158 - Costs.

25-21,158.  Costs.In any proceeding under sections 25-21,149 to 25-21,164 the court may make such award of costs as may seem equitable and just.Source   Laws 1929, c. 75, § 10, p. 258;   C.S.1929, § 20-21,149;   R.S.1943, § 25-21,158. Annotations  Under this section, attorney fees are not taxed as "costs." Without another source of statutory authority permitting attorney fees to be taxed as costs, the prevailing party cannot recover attorney fees in a declaratory judgment action. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010). Where petition for declaratory judgment was denied for lack of necessary parties, all costs were taxed to plaintiff. Phillips v. Phillips, 163 Neb. 282, 79 N.W.2d 420 (1956).
NE Code § 25-21,160 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,160 - Sections, how construed.

25-21,160.  Sections, how construed.Sections 25-21,149 to 25-21,164 are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and are to be liberally construed and administered.Source   Laws 1929, c. 75, § 12, p. 259;   C.S.1929, § 20-21,151;   R.S.1943, § 25-21,160. Annotations  The Attorney General may bring an action for a declaratory judgment challenging the constitutionality of a statute which the Tax Commissioner proposes to implement and enforce. State ex rel. Meyer v. Peters, 188 Neb. 817, 199 N.W.2d 738 (1972). Requirements for declaratory relief met. Slosburg v. City of Omaha, 183 Neb. 839, 165 N.W.2d 90 (1969). Act is to be liberally construed and administered. Berigan Bros. v. Growers Cattle Credit Corp., 182 Neb. 656, 156 N.W.2d 794 (1968). Act has application both substantively and adjectively. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).
NE Code § 25-21,161 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,161 - Person, defined.

25-21,161.  Person, defined.The word person wherever used in the Uniform Declaratory Judgments Act shall be construed to mean any person, partnership, limited liability company, joint-stock company, unincorporated association, society, or municipal or other corporation of any character whatsoever.Source   Laws 1929, c. 75, § 13, p. 259;   C.S.1929, § 20-21,152;   R.S.1943, § 25-21,161;   Laws 1993, LB 121, § 173.  Annotations  The term "person" as used in this section is broad enough to include the state or any subdivision thereof. Hoiengs v. County of Adams, 245 Neb. 877, 516 N.W.2d 223 (1994). An unincorporated association is included within the statutory definition of a person. Nebraska Seedsmen Assn. v. Department of Agriculture & Inspection, 162 Neb. 781, 77 N.W.2d 464 (1956).
NE Code § 25-21,162 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,162 - Validity of sections.

25-21,162.  Validity of sections.Sections 25-21,149 to 25-21,164, except sections 25-21,149 and 25-21,150, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of sections 25-21,149 to 25-21,164 invalid or inoperative.Source   Laws 1929, c. 75, § 14, p. 259;   C.S.1929, § 20-21,153;   R.S.1943, § 25-21,162.
NE Code § 25-21,163 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,163 - Interpretation and construction of sections to effectuate uniformity.

25-21,163.  Interpretation and construction of sections to effectuate uniformity.Sections 25-21,149 to 25-21,164 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.Source   Laws 1929, c. 75, § 15, p. 259;   C.S.1929, § 20-21,154;   R.S.1943, § 25-21,163.
NE Code § 25-21,164 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,164 - Act, how cited.

25-21,164.  Act, how cited.Sections 25-21,149 to 25-21,164 may be cited as the "Uniform Declaratory Judgments Act".Source   Laws 1929, c. 75, § 16, p. 259;   C.S.1929, § 20-21,155;   R.S.1943, § 25-21,164.
NE Code § 25-21,165 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,165 - By whom brought; jurisdiction.

25-21,165.  By whom brought; jurisdiction.Whenever a suit praying for an interlocutory injunction shall have been begun in the United States District Court in any Division in the State of Nebraska to restrain any official or officials of the State of Nebraska from enforcing or administering any statute of the State of Nebraska, or from enforcing or administering any administrative order of any department, bureau or commission of this state, or to set aside or enjoin such statute or administrative order, any defendant in such suit or the Attorney General of the State of Nebraska may bring an action to enforce said statute or order in the district court of the county of the State of Nebraska in which the State Capitol of said state is located at any time before the hearing or application for said interlocutory injunction in the suit in the United States District Court, District of Nebraska, in the proper Division thereof; and jurisdiction is hereby conferred on the district court of the county of the State of Nebraska in which its State Capitol is located to entertain such suit with the powers hereinafter granted.Source   Laws 1929, c. 79, § 1, p. 268;   C.S.1929, § 20-21,156;   R.S.1943, § 25-21,165.
NE Code § 25-21,166 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,166 - Certification to federal court; stay of proceedings.

25-21,166.  Certification to federal court; stay of proceedings.The district court of the county in Nebraska in which said State Capitol is located shall, when such suit is brought, grant a stay of proceedings to any state officer or officers under such statute or order, pending the determination of such suit by the courts of the State of Nebraska. The district court of the county in Nebraska in which its State Capitol is located shall upon the institution of said suit, certify forthwith to the United States District Court, District of Nebraska, to its proper Division in which such action heretofore has been brought, the fact that such suit has been begun in the district court of the county in the state where the State Capitol is located.Source   Laws 1929, c. 79, § 2, p. 269;   C.S.1929, § 20-21,157;   R.S.1943, § 25-21,166.
NE Code § 25-21,167 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,167 - Expedited trial and appeal; advancement.

25-21,167.  Expedited trial and appeal; advancement.The district court of Lancaster County shall speedily determine the action, and an appeal may be taken to the Court of Appeals within thirty days after the entry of the judgment. Trial in the appellate court shall in all ways be expedited, set for an early hearing, and advanced as other causes which involve the public welfare and convenience are advanced.Source   Laws 1929, c. 79, § 3, p. 269;   C.S.1929, § 20-21,158;   R.S.1943, § 25-21,167;   Laws 1991, LB 732, § 67;   Laws 1992, LB 360, § 6;  Laws 2000, LB 921, § 21.
NE Code § 25-21,180 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,180 - Terms, defined.

25-21,180.  Terms, defined.As used in sections 25-224 and 25-21,180 to 25-21,182, unless the context otherwise requires: Product liability action shall mean any action brought against a manufacturer, seller, or lessor of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formulation, installation, preparation, assembly, testing, packaging, or labeling of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or intended use of any product, or the failure to provide proper instructions for the use of any product.Source   Laws 1978, LB 665, § 1;   Laws 1998, LB 234, § 8.  Annotations In defining a product liability action as an action brought for or on account of personal injury, death, or property damage caused by a product, this section refers only to physical harm, not to economic loss. National Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782, 332 N.W.2d 39 (1983).
NE Code § 25-21,181 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,181 - Action based on strict liability in tort; brought against seller or lessor; when.

25-21,181.  Action based on strict liability in tort; brought against seller or lessor; when.No product liability action based on the doctrine of strict liability in tort shall be commenced or maintained against any seller or lessor of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless the seller or lessor is also the manufacturer of the product or the part thereof claimed to be defective.Source  Laws 1978, LB 665, § 3.
NE Code § 25-21,182 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,182 - Product liability action; based upon negligent or defective design, testing, or labeling; defense.

25-21,182.  Product liability action; based upon negligent or defective design, testing, or labeling; defense.In any product liability action based upon negligent or defective design, testing, or labeling, proof establishing that such design, testing, or labeling was in conformity with the generally recognized and prevailing state of the art in the industry at the time the specific product involved in the action was first sold to any person not engaged in the business of selling such product shall be a defense. State of the art as used in this section shall be defined as the best technology reasonably available at the time.Source  Laws 1978, LB 665, § 4.
NE Code § 25-21,183 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,183 - Transferred to section 13-911.

25-21,183.  Transferred to section 13-911.
NE Code § 25-21,184 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,184 - Railroad company; actions by employees against; negligence; assumption of risk.

25-21,184.  Railroad company; actions by employees against; negligence; assumption of risk.In any action brought against a railroad or street railroad company to recover damages for personal injury to any employee, whether such injury results in death or not, the employee shall not be held to have assumed any of the risks of his employment in any case where the railroad company or its agents, servants or employees have been guilty of negligence.Source   Laws 1913, c. 98, § 1, p. 252;   R.S.1913, § 7891;   C.S.1922, § 8833;   C.S.1929, § 20-1150;   R.S.1943, § 25-1150;   R.S.1943, (1979), § 25-1150.  Annotations Section is not applicable in action under federal employer's liability act; in such case federal law as to assumption of risk is controlling. Preble v. Union Stock Yards Co., 110 Neb. 383, 193 N.W. 910 (1923).
NE Code § 25-21,185.07 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,185.07 - Civil actions to which contributory negligence is a defense; sections applicable.

25-21,185.07.  Civil actions to which contributory negligence is a defense; sections applicable.Sections 25-21,185.07 to 25-21,185.12 shall apply to all civil actions to which contributory negligence may be, pursuant to law, a defense that accrue on or after February 8, 1992, for damages arising out of injury to or death of a person or harm to property regardless of the theory of liability. Actions accruing prior to February 8, 1992, shall be governed by the laws in effect immediately prior to such date. Nothing in sections 25-21,185.07 to 25-21,185.12 shall be construed to limit wrongful death claims brought pursuant to sections 30-809 and 30-810, but such claims shall be subject to sections 25-21,185.07 to 25-21,185.12.Source  Laws 1992, LB 262, § 1. Annotations  In an action that accrued after February 8, 1992, the jury should not be instructed with the "slight" and "gross" comparative negligence formulation. City of Wahoo v. NIFCO Mech. Systems, 306 Neb. 203, 944 N.W.2d 757 (2020). The Legislature did not intend for the comparative negligence scheme to apply in actions based on strict liability after February 8, 1992. Shipler v. General Motors Corp., 271 Neb. 194, 710 N.W.2d 807 (2006).
NE Code § 25-21,185.08 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,185.08 - Civil actions to which contributory negligence is a defense; terms, defined.

25-21,185.08.  Civil actions to which contributory negligence is a defense; terms, defined.For purposes of sections 25-21,185.07 to 25-21,185.12:(1) Claimant shall mean any person who brings or maintains an action described in section 25-21,185.07. If an action is brought through or on behalf of an estate, claimant shall mean the claimant's decedent. If an action is brought through or on behalf of a minor, claimant shall mean the minor;(2) Economic damages shall mean monetary losses, including, but not limited to, medical expenses, loss of earnings and earning capacity, funeral costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities; and(3) Noneconomic damages shall mean subjective, nonmonetary losses, including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation, but shall not include economic damages.Source  Laws 1992, LB 262, § 2. Annotations  A request for inconvenience damages is subsumed within a plaintiff's request for mental pain and suffering damages, when the facts show that the plaintiff is actually seeking hedonic damages for the plaintiff's loss of enjoyment of life resulting from physical injuries. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015). Apart from an exception for anxiety damages associated with parasitic damages, a request for anxiety damages is usually subsumed with a plaintiff's request for mental pain and suffering damages. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).
NE Code § 25-21,185.12 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,185.12 - Civil actions to which contributory negligence is a defense; assumption of risk, defined; affirmative defense.

25-21,185.12.  Civil actions to which contributory negligence is a defense; assumption of risk, defined; affirmative defense.Assumption of risk is an affirmative defense. Assumption of risk shall mean that (1) the person knew of and understood the specific danger, (2) the person voluntarily exposed himself or herself to the danger, and (3) the person's injury or death or the harm to property occurred as a result of his or her exposure to the danger.Source  Laws 1992, LB 262, § 6.Annotations Before the defense of assumption of risk is submissible to a jury, the evidence must show that the plaintiff (1) knew of the specific danger, (2) understood the danger, and (3) voluntarily exposed himself or herself to the danger that proximately caused the damage. Pleiss v. Barnes, 260 Neb. 770, 619 N.W.2d 825 (2000).
NE Code § 25-21,186 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,186 - Emergency care at scene of emergency; persons relieved of civil liability, when.

25-21,186.  Emergency care at scene of emergency; persons relieved of civil liability, when.(1) No person who renders emergency care at the scene of an accident or other emergency gratuitously, shall be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for medical treatment or care for the injured person.(2) For purposes of this section, rendering emergency care at the scene of an accident or other emergency includes entering a motor vehicle to remove a child when entering the vehicle and removing the child is necessary to avoid immediate harm to the child.Source   Laws 1961, c. 110, § 1, p. 349;   Laws 1971, LB 458, § 1;   R.S.1943, (1979), § 25-1152;  Laws 2020, LB832, § 1.  Annotations This section does not apply to a police officer responding to the scene of an automobile accident because his conduct was not gratuitous. Drake v. Drake, 260 Neb. 530, 618 N.W.2d 650 (2000).
NE Code § 25-21,187 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,187 - Contract or agreement; indemnity provision; against public policy; unenforceable; when; construction project; violation of safety practice; liability.

25-21,187.  Contract or agreement; indemnity provision; against public policy; unenforceable; when; construction project; violation of safety practice; liability.(1) In the event that a public or private contract or agreement for the construction, alteration, repair, or maintenance of a building, structure, highway bridge, viaduct, water, sewer, or gas distribution system, or other work dealing with construction or for any moving, demolition, or excavation connected with such construction contains a covenant, promise, agreement, or combination thereof to indemnify or hold harmless another person from such person's own negligence, then such covenant, promise, agreement, or combination thereof shall be void as against public policy and wholly unenforceable. This subsection shall not apply to construction bonds or insurance contracts or agreements.(2) No professional architect, professional engineer, or professional land surveyor who is retained to perform professional services on a construction project and no employee of a professional architect, professional engineer, or professional land surveyor who is assisting or representing the professional architect, professional engineer, or professional land surveyor in the performance of professional services on a construction project shall be liable in tort for any case of personal injury to or death of any employee working on a construction project arising out of and in the course of employment on the construction project and occurring as a result of a violation of a safety practice by any third party unless the responsibility for supervision of safety practices has been assumed by contract or by other conduct. This subsection shall not be construed to establish, diminish, or abrogate any duty, standard of care, or liability of any person or individual except as expressly provided in this subsection.Source   Laws 1979, LB 288, § 1;   R.S.1943, (1979), § 25-1153;   Laws 1987, LB 492, § 1.  Annotations Maintenance of a building, within the meaning of subsection (1) of this section, does not encompass the ordinary activities associated with management of commercial property. Kuhn v. Wells Fargo Bank of Neb., 278 Neb. 428, 771 N.W.2d 103 (2009).
NE Code § 25-21,188 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,188 - Alienation of affections; criminal conversation; actions barred.

25-21,188.  Alienation of affections; criminal conversation; actions barred.No cause of action for (1) alienation of affections or (2) criminal conversation shall be allowed to commence after January 9, 1986.Source  Laws 1986, LB 877, § 1. Annotations The tort of intentional infliction of emotional distress is unavailable when it is predicated on conduct which leads to the dissolution of marriage, as such actions are barred by statute. Speer v. Dealy, 242 Neb. 542, 495 N.W.2d 911 (1993).
NE Code § 25-21,188.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,188.01 - Check or instrument; wrongful refusal to endorse; liability; attorney's fees; awarded when.

25-21,188.01.  Check or instrument; wrongful refusal to endorse; liability; attorney's fees; awarded when.Any payee, endorser, or endorsee on a check or instrument issued in payment for property subject to a lien under Chapter 52, article 2, 5, 7, 9, 11, 12, or 14, or Chapter 54, article 2, or farm products subject to a security interest under article 9, Uniform Commercial Code, or Chapter 52, article 13, who wrongfully refuses to endorse such check or instrument to any other payee, endorser, or endorsee on such check or instrument who is a superior lienholder, superior secured party, or other person legally entitled to such check or instrument shall be liable to any payee, endorser, or endorsee entitled to such endorsement on such check or instrument for damages. A court shall assess attorney's fees and costs if, upon the motion of any party or the court itself, the court finds that any payee, endorser, or endorsee on a check or other instrument wrongfully refused to endorse such check or instrument in payment for property subject to a lien or farm products subject to a security interest or that an attorney or party brought or defended an action or any part of an action that was frivolous or that the action or any part of the action was interposed solely for delay or harassment. If a court finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct, including, but not limited to, abuses of civil discovery procedures, the court shall assess attorney's fees and costs.Source   Laws 1988, LB 987, § 6;  Laws 1999, LB 550, § 4.