BRUMMUND v. VOGEL

No. 37154.

168 N.W.2d 24 (1969)

184 Neb. 415

Wilbert BRUMMUND, Appellant, v. Robert VOGEL and Gloria Vogel, Appellees.

Supreme Court of Nebraska.

May 16, 1969.


Attorney(s) appearing for the Case

T. L. Grady, Stanton, for appellant.

Deutsch & Hagen, Norfolk, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, SMITH, McCOWN and NEWTON, JJ., and RONIN, District Judge.


RONIN, District Judge.

This is an action in equity wherein Wilbert Brummund, plaintiff herein, seeks to enjoin Robert Vogel and Gloria Vogel, defendants, from constructing an earthen dam in a spring-fed creek on defendants' land. After trial, the district court entered judgment for the defendants and denied an injunction. From an order overruling his motion for new trial, the plaintiff has appealed.

Plaintiff is the owner of 200 acres of land in the west half...

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