Cover v. Platte Valley Public Power & Irrigation District

This is an action for damages occasioned by flood-waters. It is the second appeal. In Cover v. Platte Valley Public Power & Irr. Dist., 162 Neb. 146, 75 N. W. 2d 661, we reversed a judgment for the defendant and remanded the cause for a new trial. The cause was tried a second time. It resulted in a verdict and judgment for the defendant. Plaintiff appeals.

We reverse the judgment of the trial court and remand the cause with directions for a retrial limited to the issue of plaintiff’s damages.

Plaintiff here assigns and argues as prejudicial error remarks of the trial judge in the presence of…