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ERICKSON v. TYLER

No. 37740.

186 N.W.2d 123 (1971)

186 Neb. 743

Emil ERICKSON and Elna Erickson, Appellants, v. Lucile E. TYLER et al., Appellees.

Supreme Court of Nebraska.

April 23, 1971.

Attorney(s) appearing for the Case

Kelly & Kelly, Grand Island, for appellants.

Sampson & Armatys, Central City, Adams & Carstenson, Aurora, for appellees.

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

SPENCER, Justice.

Plaintiffs Emil Erickson and Elna Erickson brought this action to enjoin defendant Lucile Tyler from maintaining a ditch constructed on her land to carry surface water. She impleaded defendants Mildred Randahl Holtorf and Carl Holtorf. The trial court dismissed the action. We affirm.

Plaintiffs are the owners of the east half of the southwest quarter of Section 24, Township 13 North, Range 6 West of the 6th P.M., in Hamilton County. Lucile...

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