KRAFKA v. BRASE

No. 83-603.

353 N.W.2d 276 (1984)

218 Neb. 335

Clarence KRAFKA, Appellant, v. Irene BRASE, Appellee.

Supreme Court of Nebraska.

August 17, 1984.


Attorney(s) appearing for the Case

Robert G. Krafka of Krafka & Sixta, P.C., Fremont, for appellant.

James M. Egr of Egr & Birkel, David City, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.


COLWELL, District Judge, Retired.

Plaintiff, Clarence Krafka, appeals the dismissal of his suit to enjoin defendant, Irene Brase, from stopping the natural flow of surface water which caused ponding damage to plaintiff. The trial judge personally inspected the lands. We affirm.

Krafka assigns as error that the injunction should have been granted on the evidence and as a matter of law. Further error is claimed on the basis that he had acquired a prescriptive...

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