MYERS v. PLATTE VALLEY PUBLIC POWER & IRR. DIST.

No. 33587.

67 N.W.2d 739 (1954)

159 Neb. 493

Clarence MYERS, Appellee, v. PLATTE VALLEY PUBLIC POWER & IRRIGATION DISTRICT, a Public Corporation, Appellant.

Supreme Court of Nebraska.

December 28, 1954.


Attorney(s) appearing for the Case

Crosby & Crosby and Jess C. Nielsen, North Platte, for appellant.

Edward E. Carr, North Platte, W. I. Tillinghast, Ogallala, for appellee.

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


MESSMORE, Justice.

The plaintiff brought this action at law in the district court for Keith County to recover damages alleged to have been sustained by the plaintiff caused by seepage water escaping from defendant's canal reaching the plaintiff's land and destroying 12½ acres of wheat during the 1948 crop year, and for continuing damages until the expiration of the school land lease held by the plaintiff which expires in 1959. The defendant filed a written offer...

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