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BACKER v. CITY OF SIDNEY

No. 34268.

87 N.W.2d 610 (1958)

165 Neb. 816

George BACKER and Mollie Backer, Appellants-Cross-Appellees, v. CITY OF SIDNEY, Nebraska, Appellee-Cross-Appellant.

Supreme Court of Nebraska.

January 17, 1958.

Attorney(s) appearing for the Case

Holtorf & Hansen, Gering, Thorpe & Babcock, Sidney, for appellants.

Clinton & McNish, Sidney, for appellee.

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

MESSMORE, Justice.

This is an action at law brought by George Backer and Mollie Backer, as plaintiffs, in the district court for Cheyenne County, against the City of Sidney, defendant, to recover consequential damages to real estate owned by the plaintiffs abutting on an underpass constructed by the defendant. Trial was had to a jury resulting in a verdict for the defendant. The plaintiffs filed a motion for new trial which was overruled. From the order overruling...

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