SHEPARDSON v. CHICAGO, BURLINGTON & QUINCY R. CO.

No. 33573.

69 N.W.2d 376 (1955)

160 Neb. 127

Gertrude SHEPARDSON and Nadine Shepardson, Appellees, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Nebraska.

March 25, 1955.


Attorney(s) appearing for the Case

J. W. Weingarten, W. P. Loomis, Omaha, Mark J. Ryan, South Sioux City, Nebraska, Wm. G. Ashford, Homer, for appellant.

Sifford & Wadden, Sioux City, Iowa, Sherman W. McKinley, Jr., South Sioux City, Nebraska, for appellees.

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


BOSLAUGH, Justice.

Appellees seek an injunction to compel appellant to restore the waters of Omaha Creek to their natural flow; to prevent appellant from interfering with the natural flow of waters of Omaha Creek; and to recover damages from appellant alleged to have been caused to the property of appellees by the interference of appellant with the natural flow of waters of the creek. The district court found the facts in favor of appellees, decreed them the relief...

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