BARRY v. WITTMERSEHOUSE

No. 81-576.

327 N.W.2d 33 (1982)

212 Neb. 909

Clarence H. BARRY et al., Appellants, v. Steven K. WITTMERSEHOUSE et al., Appellees.

Supreme Court of Nebraska.

December 3, 1982.


Attorney(s) appearing for the Case

Charles H. Wagner of Edstrom, Bromm, Lindahl & Wagner, Wahoo, for appellants.

Keith I. Frederick and Richard W. Ratz of Schmid, Ford, Mooney & Frederick, Omaha, for appellees.

Heard before BOSLAUGH, McCOWN, CLINTON, and WHITE, JJ., and BRODKEY, J., Retired.


WHITE, Justice.

This is an action in equity to enjoin the defendants from maintaining a dike which interferes with the flow of water from the plaintiffs' land. After trial on the issue the trial court inspected the premises and entered judgment for the defendants. Plaintiffs' assignments have been consolidated for purposes of this review. Plaintiffs maintain that the lower court erred in failing to apply the rule that surface water from higher lands may not be dammed...

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