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HI-POINT LAND & CATTLE CO. v. SCHLAPHOFF

No. 39682.

226 N.W.2d 926 (1975)

193 Neb. 276

HI-POINT LAND AND CATTLE COMPANY, INCORPORATED, Appellant, v. Elmer SCHLAPHOFF et al., Appellees.

Supreme Court of Nebraska.

March 6, 1975.

Attorney(s) appearing for the Case

Richard L. Huber, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, J. Marvin Weems, Ord, for appellees.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ., and FAHRNBRUCH, District Judge.

NEWTON, Justice.

Plaintiff seeks an injunction restraining defendants from spraying plaintiff's land to control a noxious weed, specifically musk thistle. Summary judgment was rendered for defendants. We affirm the judgment.

Plaintiff owns hundreds of acres, a portion of which it does not deny is infected with musk thistle. This action was commenced in 1969 and judgment finally entered in June 1974. Chapter 2, article...

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