Maly v. Arbor Manor, Inc.

Plaintiffs appeal the judgment of the district court for Dodge County, Nebraska, sustaining the defendant’s motion for summary judgment in an action for damages to their property arising out of two sewer backups into their home.

In their amended petition the plaintiffs alleged the following facts: that the defendant owned certain property in Fremont, Nebraska, upon which it built a nursing home in 1966; that near the time the defendant constructed the nursing home it also constructed a manhole on that property, which tied the nursing home into the Country Acres sewer system which provides…