BERNSTEIN v. AINSWORTH

No. 83-700.

371 N.W.2d 682 (1985)

220 Neb. 670

Tom T. BERNSTEIN, Jr., and Susan K. Bernstein, Appellants, v. Lawrence A. AINSWORTH and Geraldine Ainsworth, and Hockenberger & Chambers Company, a Nebraska Corporation, Jointly and Severally, Appellees.

Supreme Court of Nebraska.

August 9, 1985.


Attorney(s) appearing for the Case

David A. Beck of Baker & Beck, P.C., Columbus, for appellants.

Edward F. Carter, Jr., and Mark D. Petersen of Barney, Carter & Johnson, P.C., Lincoln, and Cleo Robak, Columbus, for appellees Ainsworths.

Douglas R. Milbourn of Tessendorf, Milbourn & Fehringer, P.C., Columbus, for appellee Hockenberger & Chambers Company.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


GRANT, Justice.

This is an appeal from an order dismissing plaintiffs-appellants' petition seeking recovery for damages to their home resulting from the overflow of a manmade lake. The trial court sustained the separate demurrers of defendants-appellees. The plaintiffs-appellants, Tom T. Bernstein, Jr., and Susan K. Bernstein, husband and wife (hereinafter Bernsteins), brought their action based on alternative theories of strict liability, negligence, or breach of...

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