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SMITH v. BIXBY

No. 40332.

242 N.W.2d 115 (1976)

196 Neb. 235

Julius E. SMITH, Appellee, v. Lawrence BIXBY, Appellant.

Supreme Court of Nebraska.

May 26, 1976.

Attorney(s) appearing for the Case

Edmund Hollstein, Rushville, for appellant.

Albert W. Crites of Crites, Shaffer & Slavik, Chadron, for appellee.

Heard before WHITE, C.J., SPENCER, McCOWN, NEWTON, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.

McCOWN, Justice.

This is an action to enjoin the defendant from obstructing or blocking a road running through the defendant's property in the unincorporated Village of Ellsworth, Sheridan County, Nebraska, and for damages for an assault and destruction of personal property by defendant. The decree of the District Court as modified declared the existing road to be a public road; restrained and enjoined the defendant from blocking or barricading the road or interfering...

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