Quest v. East Omaha Drainage District

This is an action for damages, allegedly caused to plaintiff’s real estate, by reason of an excavation made by defendant on its land, adjoining that of the plaintiff. Issues were made and trial was had. At the close of all the evidence, on motion of defendant, the trial court discharged the jury and dismissed the action. Plaintiff appeals. We reverse the judgment of the trial court and remand the cause.

It was stipulated that the defendant was a corporation organized and existing under the provisions of Chapter 31, article 4, R. S. 1943. As such it had the power of eminent domain. § 31-415, R.…