STURM v. MAU

No. 43588.

312 N.W.2d 272 (1981)

209 Neb. 865

Opal J. STURM and Merle Sturm, her husband, Blanche Gladys Jennings and Ivan Jennings, her husband, and Bethel L. Ziettlow, Appellants, v. Raymond W. MAU and Beulah L. Mau, husband and wife, Appellees.

Supreme Court of Nebraska.

November 6, 1981.


Attorney(s) appearing for the Case

Baldwin & McKernan, Hebron, for appellants.

Marti, Dalton, Bruckner, O'Gara & Keating, P.C., Lincoln, and Ronald R. Brackle, Fairbury, for appellees.

Heard before KRIVOSHA, C. J., WHITE, and HASTINGS, JJ., and RIST and CAPORALE, District Judges.


CAPORALE, District Judge.

Plaintiffs-appellants seek to establish, by prescriptive easement, a road in favor of the public across land owned by the defendants-appellees.

The trial court denied plaintiffs any relief and dismissed their petition. For the reasons set forth hereinafter, we reverse the judgment of the trial court.

In this equity action it is our duty to try the issues de novo upon the record and reach an independent conclusion without being...

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