Herman J. Merten Et Al. v. Clyde S‪.‬

Plaintiffs, Herman J. and Rose M. Merten, commenced this action in the District Court for Douglas County for damage to a house
owned by plaintiffs. The damage was allegedly caused by piling dirt against a wall of the house. The defendants were the adjoining
landowners, James D. and Janice E. Skipton, and Clyde S. Pedersen, an independent contractor employed by the Skiptons to excavate
a basement under their house. At the Conclusion of plaintiffs' evidence, the District Court granted a motion to dismiss as
to the Skiptons. At the Conclusion of all the evidence, the jury returned a verdict for the plaintiffs and against the defendant
Pedersen in the amount of $50. The District Court entered judgment on the verdict and plaintiffs have appealed. The Mertens were the owners of a house located at 2614 D Street in Omaha, Nebraska. The defendants, James and Janice Skipton,
owned and lived in the house on an adjoining lot at 2618 D Street. The Merten house had not been occupied since 1964, except
for a period from July 1970 to November 1971, when it was rented. Herman Merten conceded that the house was not in condition
to rent at the time of the incidents involved here in the fall of 1973. The Merten house was built about 1900. A stucco exterior
was first applied in 1943, and had not been renewed since then.