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BEACH v. CITY OF FAIRBURY

No. 43166.

301 N.W.2d 584 (1981)

207 Neb. 836

Darrell E. BEACH et al., Appellees and Cross-Appellants, v. CITY OF FAIRBURY, Nebraska, a municipal corporation, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

January 30, 1981.

Attorney(s) appearing for the Case

Earl D. Ahlschwede, Grand Island, and Douglas G. Rosener, Fairbury, for appellant and cross-appellee.

James G. Sharp, of Everson, Noble, Wullschleger, Sutter, Sharp & Korslund, Beatrice, for appellees and cross-appellants.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

WHITE, Justice.

Defendant, City of Fairbury (hereafter Fairbury), appeals from a judgment in favor of plaintiffs, resident landowners in Fairbury, Nebraska. On July 6, 1978, a storm sewer running beneath the surface across plaintiffs' land broke, causing the land in plaintiffs' backyard to collapse, resulting in a hole approximately 35 feet long, 10 feet wide, and 10 feet deep. After notifying representatives of Fairbury...

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