STRICKER v. KNAUB

No. 82-558.

338 N.W.2d 757 (1983)

215 Neb. 372

Leo STRICKER and Wilma Stricker, husband and wife, Appellees, v. Alex KNAUB and Paulina Knaub, husband and wife, et al., Appellants.

Supreme Court of Nebraska.

September 30, 1983.


Attorney(s) appearing for the Case

Robert J. Bulger of Bulger & Jensen, Bridgeport, for appellants.

Gary Denton of James R. Hancock, P.C., Scottsbluff, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


CAPORALE, Justice.

This is an appeal from a decree permanently enjoining the defendants-appellants from discharging their waste, unused irrigation water onto land owned by the plaintiffs-appellees, and dismissing the former's counterclaim for a prescriptive easement and damages. We affirm.

The errors assigned by defendants raise but a single issue. Does the evidence meet their burden of proving a prescriptive easement appurtenant to their lands entitling them...

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