PAASCH v. BROWN

No. 38830.

208 N.W.2d 695 (1973)

190 Neb. 421

Marcella PAASCH, Appellant, v. Julie BROWN, Appellee.

Supreme Court of Nebraska.

June 29, 1973.


Attorney(s) appearing for the Case

H. E. Hurt, Jr., James A. Gallant, Scribner, for appellant.

Sidner, Svoboda, Schilke & Wiseman, Fremont, for appellee.

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


SMITH, Justice.

Plaintiff, an upper landowner, claimed that defendant, a lower landowner, had obstructed the flow of surface waters in a natural drainway that was not a stream, river, brook, or watercourse. Injunctive relief and damages were sought. After a trial, and on a general finding, the District Court dismissed the claims, and plaintiff appeals.

In August 1970, plaintiff purchased a tract of 40 acres of land located in Section 23, Township 20 North...

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