Bridge v. City of Lincoln

In grading and improving Forty-eighth street, defendant city, without permission or proceedings at law to au*462thorize its acts, went upon plaintiff’s land, made excavations, changed the natural drainage, removed dirt therefrom, and damaged the same otherwise.

Plaintiff sues for damages, basing her action upon the constitutional provision that “The property of no person shall be taken or damaged for public use without just compensation therefor.” Const, art. I, sec. 21. Plaintiff prevailed in the trial court. Defendant appeals.

By the force.of the constitutional provision, a cause of action…