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HALSTEAD v. FARMERS IRRIGATION DIST.

No. 41389.

263 N.W.2d 475 (1978)

200 Neb. 314

Richard HALSTEAD, Appellant, v. FARMERS IRRIGATION DISTRICT, Appellee.

Supreme Court of Nebraska.

March 15, 1978.

Attorney(s) appearing for the Case

Nichols, Meister & Winner, Scottsbluff, for appellant.

Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, for appellee.

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

BOSLAUGH, Justice.

The plaintiff is a lessee of farm land in Scotts Bluff County, Nebraska. He brought this action to recover damages for a portion of his crops which were destroyed in 1973 and 1974 by seepage from an irrigation canal owned and maintained by the defendant irrigation district.

A general demurrer filed by the defendant was sustained. The plaintiff elected to stand on his petition and the action was dismissed. The plaintiff has appealed.

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