GEORGE ROSE SODDING & GRADING CO. v. CITY OF OMAHA

No. 37972.

193 N.W.2d 556 (1972)

187 Neb. 683

GEORGE ROSE SODDING & GRADING COMPANY, Inc., Appellant, v. CITY OF OMAHA, Douglas County, Nebraska, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

January 21, 1972.


Attorney(s) appearing for the Case

Frank Meares, Omaha, for appellant.

Herbert Fitle, City Atty., Edward M. Stein, Frederick A. Brown, James E. Fellows, Allen Morrow, John Abbott, Verne Vance, George Selders and Kent Whinnery, Omaha, for appellee.

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


WHITE, Chief Justice.

By request for admissions, the defendant City of Omaha admitted pumping raw sewage onto plaintiff's property at least 6 times in the years 1968 and 1969. In this trespass suit, plaintiff alleged damages to trees and that plaintiff was put to the expense of using road grading equipment to remove the raw sewage that blocked the driveway.

The district court directed a verdict for the city because of failure of proof that any tree damage...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases