MALY v. ARBOR MANOR, INC.

No. 85-687.

404 N.W.2d 419 (1987)

225 Neb. 276

LeRoy P. MALY and Sue E. Maly, Appellants, v. ARBOR MANOR, INC., a Nebraska Corporation, Defendant and Third-Party Plaintiff, and Kinning & Reil, Inc., a Nebraska Corporation, and Rump's Inc., a Nebraska Corporation, Third-Party Defendants, Appellees.

Supreme Court of Nebraska.

April 24, 1987.


Attorney(s) appearing for the Case

Sidner, Svoboda, Schilke, Wiseman, Thomsen & Holtorf, Fremont, for appellants.

P. Shawn McCann and Joseph S. Daly of Sodoro, Daly & Sodoro, Omaha, for appellee Arbor Manor.

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


HASTINGS, Justice.

Plaintiffs appeal the judgment of the district court for Dodge County, Nebraska, sustaining the defendant's motion for summary judgment in an action for damages to their property arising out of two sewer backups into their home.

In their amended petition the plaintiffs alleged the following facts: that the defendant owned certain property in Fremont, Nebraska, upon which it built a nursing home in 1966; that near the time the defendant constructed...

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