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RANCH v. SCHILKE

No. A-05-992.

734 N.W.2d 314 (2007)

15 Neb. App. 605

Spicer RANCH, a Nebraska partnership, appellant, v. Larry SCHILKE, an individual doing business as Mid County Farms, an unincorporated entity, appellee.

Court of Appeals of Nebraska.

May 29, 2007.

Attorney(s) appearing for the Case

V. Gene Summerlin and Marnie A. Jensen, of Ogborn, Summerlin & Ogborn, P.C., Lincoln, for appellant.

Jeffrey H. Jacobsen and Justin R. Herrmann, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., Kearney, for appellee.

SIEVERS and CASSEL, Judges, and HANNON, Judge, Retired.

SIEVERS, Judge.

Spicer Ranch, a partnership, appeals from the decision of the district court for Chase County which granted summary judgment in Spicer Ranch's favor regarding its negligence claim against Larry Schilke, but granted summary judgment in Schilke's favor on the damages issue. While this appeal involves the proper measure of damages for trees which burned as a result of Schilke's admitted negligence, we ultimately decide that summary judgment on the damages...

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