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ROLFSMEYER v. SEWARD COUNTY

No. 36602.

154 N.W.2d 752 (1967)

182 Neb. 348

Gerald E. ROLFSMEYER and Elsie Rolfsmeyer, Appellants, v. SEWARD COUNTY et al., Appellees.

Supreme Court of Nebraska.

December 8, 1967.

Attorney(s) appearing for the Case

Russell A. Souchek, Seward, for appellants.

Byron J. Norval, County Atty., Ivan A. Blevens, Seward, Dredla & Dredla, Crete, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

WHITE, Chief Justice.

The issues in this case ultimately revolve around the question of where the natural drainway of the surface waters which entered into and rose on the plaintiffs Rolfsmeyers' land was located.

This is an action in equity wherein it is alleged that the defendant, County of Seward, Nebraska, had removed culverts from the county road bordering plaintiffs' land and raised said road forming a dike...

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