FELLOWS v. BUFFALO COUNTY

No. 36357.

147 N.W.2d 801 (1967)

181 Neb. 269

Guy FELLOWS, Appellee, v. BUFFALO COUNTY, a Nebraska Municipal Corporation, Appellant.

Supreme Court of Nebraska.

January 13, 1967.


Attorney(s) appearing for the Case

Andrew J. McMullen, County Atty., John S. Mingus, Deputy County Atty., Kearney, for appellant.

Kenneth H. Dryden, Kearney, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and POLLOCK, District Judge.


McCOWN, Justice.

This is an action for water damage to plaintiff's real and personal property. The damage was allegedly caused by failure of the defendant to provide sufficient drainage through a road fill constructed across a natural watercourse.

The jury returned a verdict for plaintiff for $1,400. After requiring remittitur of $371, the trial court entered judgment for the plaintiff for $1,029. The defendant county has appealed.

The plaintiff was...

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