HARDT v. SHORT-LINE IRRIGATION DIST.

No. 82-102.

335 N.W.2d 292 (1983)

214 Neb. 612

Elizabeth M. HARDT, Vera L. Coffee, and Lorraine V. Hanson, Appellants, v. SHORT-LINE IRRIGATION DISTRICT et al., Appellees.

Supreme Court of Nebraska.

June 17, 1983.


Attorney(s) appearing for the Case

Winner, Nichols, Meister, Douglas and Kelly, Scottsbluff, for appellants.

Rick L. Ediger of Raymond, Olsen, Ediger & Ballew, P.C., Scottsbluff, for appellees Short-Line Irrigation District, et al.

Steven C. Smith of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Gering, for appellees Farmers Irrigation Dist., et al. and Pathfinder, Irrigation Dist., et al.

BOSLAUGH, McCOWN, and HASTINGS, JJ., BRODKEY, J., Retired, and COLWELL, District Judge, Retired.


HASTINGS, Justice.

This action was instituted by the plaintiffs in an action to enjoin the defendants' operation of the Nine Mile Drain and an obstruction at the mouth thereof which diverts water into the Short-Line supply canal, and to recover damages. This operation, plaintiffs claim, has waterlogged and thereby damaged their field adjoining this drain.

The District Court for Scotts Bluff County initially dismissed the individuals named as defendants and...

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