WEIBEL v. CITY OF BEATRICE

No. 33983.

79 N.W.2d 67 (1956)

163 Neb. 183

Oscar W. WEIBEL, Appellee, v. The CITY OF BEATRICE, Nebraska, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

November 2, 1956.


Attorney(s) appearing for the Case

F. W. Carstens, Beatrice, for appellant.

Sackett, Brewster & Sackett, Beatrice, for appellee.

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


SIMMONS, Chief Justice.

In this action plaintiff seeks to recover damages occasioned by the removal of shade trees from the street in front of his property and by the relocation of a sidewalk as a part of a street improvement. He filed a claim with the city, which was denied. On appeal to the district court issues were made and trial was had to the court, a jury being waived. Judgment was entered for the plaintiff. The defendant appeals.

We reverse the judgment...

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