George Rose Sodding & Grading Co. v. City of Omaha

By request for admissions, the defendant City of Omaha admitted pumping raw sewage onto plaintiff’s property at least 6 times in the years 1968 and 1969. In this trespass suit, plaintiff alleged damages to trees, and that plaintiff was put to the expense of using road grading equipment to remove the raw sewage that blocked the driveway.

The district court directed a verdict for the city because of failure of proof that any tree damage was proximately caused by the flow of the sewage. It refused to hear testimony on the issue of the reasonable cost and expense of the removal of the sewage from…