ENGEL v. RHEN MARSHALL, INC.

No. 42858.

292 N.W.2d 307 (1980)

206 Neb. 265

Eugene A. ENGEL and Marjorie L. Engel, husband and wife, Appellants, v. RHEN MARSHALL, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

May 13, 1980.


Attorney(s) appearing for the Case

Christensen Law Offices, P. C., Lincoln, for appellants.

Hubka, Kraviec & Thompson, Beatrice, for appellee.

Heard before KRIVOSHA, C. J., BRODKEY, WHITE, and HASTINGS, JJ., and CAPORALE, District Judge.


HASTINGS, Justice.

Plaintiffs filed this action on August 15, 1978, to enjoin the defendant from continuing to allow the discharge or overflow of water and sewage effluent from defendant's sewage lagoon onto the plaintiffs' land. The defendant's theory of the case was that it had acquired a prescriptive easement over the plaintiffs' land. The trial court agreed with the defendant and, on that basis denied the request for injunctive relief. Plaintiffs have appealed...

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