CITY OF PAPILLION v. SCHRAM

No. 42272.

281 N.W.2d 528 (1979)

204 Neb. 110

CITY OF PAPILLION, a municipal corporation, Appellant, v. Clara SCHRAM, Deceased, by Bernard F. Schram, her Personal Representative, et al., Appellee.

Supreme Court of Nebraska.

July 17, 1979.


Attorney(s) appearing for the Case

Michael N. Schirber, Papillion, for appellant.

Steven W. Floersch of Collins & Gleason, Omaha, for appellee.

Heard before BOSLAUGH, McCOWN, BRODKEY, and HASTINGS, JJ., and FAHRNBRUCH, District Judge.


FAHRNBRUCH, District Judge.

The City of Papillion, a municipal corporation, as plaintiff, brought this action against defendant to collect a water usage fee. The action was defended on the basis that plaintiff had agreed to supply water free of charge to defendant and her late husband as partial consideration for an easement. The trial court found for the defendant. Plaintiff appealed. While the appeal was pending, defendant died and the case was revived in the names...

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