Wagner v. Loup River Public Power District

This is an action to recover damages to riparian lands for injuries resulting from the diversion of water from the Loup River. The jury returned a verdict for the defendant. The trial court set the verdict aside on the ground of newly discovered evidence. From the order setting the verdict aside, the defendant has appealed.

Plaintiff’s cause of action is based on article 1, section 21, of the Nebraska Constitution, which provides in substance that the property of no person shall be taken or damaged for public use without just compensation therefor. Proof of negligence or the commission of a *8wro…