CONNOLLEY v. OMAHA PUBLIC POWER DISTRICT

No. 37257.

177 N.W.2d 492 (1970)

185 Neb. 501

Joseph CONNOLLEY, an Infant by and through his mother and next friend, Genevieve Connolley, Appellant, v. OMAHA PUBLIC POWER DISTRICT, Appellee.

Supreme Court of Nebraska.

May 8, 1970.


Attorney(s) appearing for the Case

Eisenstatt, Morrison, Higgins, Miller, Kinnamon & Morrison, Seymour L. Smith, Omaha, for appellant.

Fraser, Stryker, Marshall & Veach, Omaha, for appellee.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, McCOWN and NEWTON, JJ., and KOKJER, District Judge.


KOKJER, District Judge.

The plaintiff was injured by electricity when a metal flagpole he was helping to lower came in contact with a wire of defendant's transmission line. He claims that defendant is liable for his damages because the wire, at the point of contact, hung over the property of plaintiff's family 54/100ths of a foot. No negligence on the part of defendant was proved. The claim for recovery is based on the asserted trespass of defendant upon the property...

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