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Civil Procedure Keyed to Yeazell
Kroger v. Omaha Public Power District
Facts
The Plaintiff-Appellant, as administratrix of the estate of Decedent, brought suit based on diversity jurisdiction for damages resulting from Decedent’s wrongful death by electrocution. Decedent was employed by Paxton & Vierling Steel Company at its factory in Carter Lake, Iowa. In January 1972, decedent was involved in the movement of a large steel tank by means of a crane with a sixty-foot boom. During this maneuver, Decedent was killed when the boom came close to high-tension lines sending electricity over the tank. The Defendant-Appellee, Omaha Public Power District (Defendant- Appellee), was named as the only defendant. Defendant-Appellee previously owned the transmission lines involved, but sold them in 1966. Defendant-Appellee continued to make repairs upon them when so requested.
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