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KURZ v. DINKLAGE FEED YARD, INC.

No. 42493.

286 N.W.2d 257 (1979)

205 Neb. 125

Robert KURZ, Appellee, v. DINKLAGE FEED YARD, INC., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

December 18, 1979.

Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellant.

J. A. Lane and R. Kevin O'Donnell of McGinley, Lane, Mueller, Shanahan & McQuillan, Ogallala, for appellee.

Heard before BOSLAUGH, CLINTON, BRODKEY, and McCOWN, JJ., and ENDACOTT, District Judge.

BOSLAUGH, Justice.

The plaintiff, Robert Kurz, operates a dairy farm near Sidney, Nebraska. The defendant, Dinklage Feed Yard, Inc., operates a large commercial feedlot approximately 2½ miles northwest of the plaintiff's farm. On March 27, 1975, during a severe snowstorm and blizzard a large number of feeder cattle escaped from the defendant's feedlot and traveled to the Kurz farm where they broke down fences and sought shelter with the Kurz dairy cattle. In...

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