LEMKE v. NORTHWESTERN PUBLIC SERVICE CO.

No. 87-903.

444 N.W.2d 326 (1989)

233 Neb. 223

D.D. LEMKE and Frieda Lemke, Appellees, v. NORTHWESTERN PUBLIC SERVICE COMPANY, a Foreign Corporation, Appellant.

Supreme Court of Nebraska.

August 18, 1989.


Attorney(s) appearing for the Case

John A. Wolf, of Shamberg & Wolf, Grand Island, for appellant.

Stephen L. Ahl, of Wolfe, Anderson & Beverage, Lincoln, for appellees.

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


CAPORALE, Justice.

In this appeal from a bench-tried negligence action, defendant-appellant, Northwestern Public Service Company, assigns error to the district court's order granting plaintiffs-appellees, D.D. Lemke and his wife, Frieda Lemke, a new trial. We reverse.

The Lemkes owned an apartment building at Grand Island, Nebraska, to which Northwestern supplied natural gas. The building sustained fire damage, which the Grand Island deputy fire chief attributed...

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