BLOCK v. FRANZEN

No. 33992.

79 N.W.2d 446 (1956)

163 Neb. 270

Martin U. BLOCK, Alma A. Block and Arnold Block, Appellees, v. Melnert J. FRANZEN, Jr., and Elizabeth A. Franzen, Appellants.

Supreme Court of Nebraska.

November 23, 1956.


Attorney(s) appearing for the Case

Wm. S. Padley, Gothenburg, for appellants.

Smith Brothers, Lexington, for appellees.

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


SIMMONS, Chief Justice.

Plaintiffs are the owners and a tenant of a farm of 160 acres. Defendants own a farm of 200 acres adjacent to plaintiffs' land on the south. A large, landlocked pond is partly on each piece of land, lying across the common boundary. Defendants built a dike along the north side of their land so as to prevent water flowing into the pond on plaintiffs' land from reaching the area of the pond on defendants' land.

Plaintiffs petitioned for...

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