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HILZER v. FARMERS IRR. DIST.

No. 33232.

56 N.W.2d 457 (1953)

156 Neb. 398

HILZER v. FARMERS IRR. DIST.

Supreme Court of Nebraska.

January 2, 1953.

Attorney(s) appearing for the Case

Mothersead, Wright & Simmons, Scottsbluff, for appellant.

Neighbors & Danielson, Scottsbluff, for appellee.

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

WENKE, Justice.

Adam Hilzer, Jr., brought this action in the district court for Scotts Bluff County against the Farmers Irrigation District. The purpose of the action is to recover for damages to his personal property, consisting of farm machinery, equipment, and tools, done by water escaping from defendant's canal. The grounds on which plaintiff based his rights were defendant's failure to warn him of a break in its canal and failure to open waste gates along its...

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