Jack Johnson v. Municipal University Omaha

The plaintiff, Jack Johnson, participated in a track meet held on the premises of the defendant, University of Omaha, on May
12, 1967. While pole vaulting, Johnson fell upon a wooden box which had been placed by the defendant beneath the pole vault
standards. This action was for damages resulting from the injuries sustained. The petition alleged negligence on the part of the defendant in placing hard, sharply projecting wooden boxes at a place
which would unreasonably endanger such persons as the plaintiff; in failing to protect vaulters from the hazard; and in failing
to warn plaintiff of the presence of the boxes. The district court sustained the general demurrer of the defendant university.
The action was dismissed and plaintiff has appealed. The only issues briefed and argued on appeal are whether or not the defendant
is subject to suit, and whether or not the defendant is immune from tort liability.