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ROGERS v. PETSCH

No. 35193.

117 N.W.2d 771 (1962)

174 Neb. 313

Priscilla C. ROGERS, Appellee, v. Verl E. PETSCH, also known as Bus Petsch, Appellant, Lester M. Beck and Hattie M. Beck, Appellees.

Supreme Court of Nebraska.

November 9, 1962.

Attorney(s) appearing for the Case

Atkins, Ferguson & Nichols, Scottsbluff, for appellant.

Lovell & Raymond, Scottsbluff, for appellees.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

BOSLAUGH, Justice.

This action was brought by Priscilla C. Rogers as plaintiff against Verl E. Petsch as defendant to enjoin interference with the natural flow of water from Nealy Springs and to require the defendant to remove certain structures on his land. By answer and cross-petition the defendant alleged that the flow of water from Nealy Springs did not exceed the volume necessary for his use for domestic purposes, and prayed that the plaintiff be enjoined from...

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