Backer v. City of Sidney

This is an action at law brought by George Backer and Mollie Backer, as plaintiffs, in the district court for Cheyenne County, against the City of Sidney, defendant, to recover consequential damages to real estate owned by the plaintiffs abutting on an underpass constructed by the defendant. Trial was had to a jury resulting in a verdict for the defendant. The plaintiffs filed a motion for new trial which was overruled. From the order overruling the motion for new trial, the plaintiffs appeal.

The plaintiffs’ petition, insofar as it need be considered here, alleged that the City of Sidney is a…