Omaha Electric Light & Power Co. v. Butke

This is an action to recover damages in the sum of $467.29. The claim, according to the petition, arose in the following manner: Plaintiff had an underground conduit running lengthwise in a public alley in Omaha. In making an excavation for a building to be erected on a lot abutting on the alley, defendants removed the support from *160the conduit, thus causing the injury of which complaint is made. Prom a verdict for defendants, plaintiff has appealed.

The controlling question for review is assigned error in the trial court’s refusal to give the following instruction requested by plaintiff:

“You…