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Reports of Cases in the Supreme Court of Nebraska Volume 97 downloadPDF, EPUB, MOBI

Reports of Cases in the Supreme Court of Nebraska Volume 97 downloadPDF, EPUB, MOBI

Reports of Cases in the Supreme Court of Nebraska Volume 97.cBooks Group
Reports of Cases in the Supreme Court of Nebraska Volume 97
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Author: Books Group
Page Count: 322 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781231149577
File size: 15 Mb
Download Link: Reports of Cases in the Supreme Court of Nebraska Volume 97
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 Excerpt: ...APPEAL from the_district court for Butler countyGnoaon F. CORCORAN, J noon. Ajfirmed. L. S. H astings and E. A. Goufal, for appellants. Matt Miller and Cain cents M apes, contra. The relief sought is an injunction to prevent defendant from collecting surface waters in a drainage ditch on his own farm and discharging them upon the lands of plaintifis. The suit was dismissed. Plaintiffs appeal. Should a court of equity grant relief to plaintiffs under the evidence? This is the controlling question. The parties are adjoining proprietors, with a public highway between their possessions. Plaintiffs are the owners of the south half of section 27, township 16, range 2 east, in Butler county. Of section 34, directly south, defendant owns the east half of the northwest quarter. The natural course of drainage for both tracts is northward through the lands of plaintiffs. In the drainage basin through defendant's farm there is a winding ravine, which increases in width 97 Neb. 29 toward the north, while its banks gradually decrease in height. In 1911 defendant constructed on his own land from north to south 'a drainage ditch 2,000 feet long, with the upper end in the ravine and the lower end at the highway. The relief sought, if granted, would require defendant to fill his ditch and to allow the surface waters to take their natural course._ Plaintiffs assert that the ditch is constructed with an excessive fall of 27 feet; that defendant's artificial channel will collect and concentrate surface waters and discharge them with increased velocity upon the farm of plaintiffs; that there is no ravine on their lands below the north end of the drain; that the flood waters, when allowed to take their natural course, spread out and run slowly over the h

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