McKain v. Central Nebraska Public Power & Irrigation District

In this action plaintiffs seek to recover compensation for lands taken and consequential damages to lands not taken by the defendant in a condemnation proceeding. Defendant admits liability and tenders an issue as to the amount due the plaintiffs. Judgment was for the plaintiffs on a jury verdict.

On appeal, defendant contends:(1) The court erred in permitting the jury to include in their verdict recovery for certain lands in the river bed, claimed by plaintiffs to be riparian to lands taken.(2) The verdict is excessive and is the result of passion and prejudice.

The first question presented by…