Crnkovich v. Scaletta

Bartu, District Judge.

This is an appeal from a dismissal of the plaintiff Crnkovich’ petition upon motion of the defendants Scaletta and Citta Excavating and Wrecking Co. for summary judgment. Plaintiff’s second amended petition alleged that Crnkovich and Scaletta were owners of adjoining lots in Southside Acres Addition in Douglas County, Nebraska; that Citta is an excavation contractor; that Scaletta contracted with Citta to excavate and level Scaletta’s lot; and that in the course of doing this work Citta, at the request of Scaletta, drove heavy equipment upon Crnkovich’ lot and damaged a…