AMERICAN PROVINCE, ETC. v. METROPOLITAN UTIL. DIST.

No. 35825.

133 N.W.2d 466 (1965)

178 Neb. 348

AMERICAN PROVINCE OF the SERVANTS OF MARY REAL ESTATE CORPORATION, Appellant, v. METROPOLITAN UTILITIES DISTRICT, Appellee.

Supreme Court of Nebraska.

February 26, 1965.


Attorney(s) appearing for the Case

Haney, Walsh & Wall, Omaha, for appellant.

George C. Pardee, Gus Seig, H. H. Foulks, Jr., Cecil S. Brubaker, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


McCOWN, Justice.

This is an action for property damage arising out of an explosion and fire in March 1960 allegedly caused by the negligence of the defendant.

The district court sustained the defendant's motion for summary judgment based on the affirmative pleading of collateral estoppel and res judicata. The plaintiff has appealed.

The fundamental question is whether the doctrine of res judicata applies to estop the plaintiff in this action from now...

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