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HARKNESS v. CENTRAL NEBRASKA PUBLIC POWER & I. DIST.

No. 32998.

48 N.W.2d 385 (1951)

154 Neb. 463

HARKNESS et al. v. CENTRAL NEBRASKA PUBLIC POWER & IRR. DIST.

Supreme Court of Nebraska.

June 14, 1951.

Attorney(s) appearing for the Case

R. E. Bannister, S. G. Deines, Cozad, Smith Brothers, Lexington, for appellant.

Beatty, Clarke, Murphy & Morgan, North Platte, Frank M. Johnson, Lexington, R. O. Canaday, Hastings, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

MESSMORE, Justice.

This is an action brought by the plaintiffs against the defendant to recover damages to crops caused by the construction of a system of canals, reservoirs, and incidental structures by the defendant, and the impounding of large amounts of water through the canals into the reservoirs. As a result of such construction and operation by the defendant water has seeped from the reservoirs and canals toward and under the property of the plaintiff, destroying...

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