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QUEST v. EAST OMAHA DRAINAGE DIST.

No. 33087.

52 N.W.2d 417 (1952)

155 Neb. 538

QUEST v. EAST OMAHA DRAINAGE DIST.

Supreme Court of Nebraska.

March 21, 1952.

Attorney(s) appearing for the Case

William H. Thomas, Omaha, for appellant.

Fraser, Connolly, Crofoot & Wenstrand, Omaha, for appellee.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

This is an action for damages, allegedly caused to plaintiff's real estate, by reason of an excavation made by defendant on its land adjoining that of the plaintiff. Issues were made and trial was had. At the close of all the evidence, on motion of defendant, the trial court discharged the jury and dismissed the action. Plaintiff appeals. We reverse the judgment of the trial court and remand the cause...

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