SHOTKOSKI v. PROSOSKI

No. 83-841.

362 N.W.2d 59 (1985)

219 Neb. 213

Richard SHOTKOSKI, Appellee, v. Theodore PROSOSKI, Appellant.

Supreme Court of Nebraska.

February 8, 1985.


Attorney(s) appearing for the Case

John Morgan of Morgan & Morgan, Fullerton, for appellant.

Donald R. Treadway of Treadway, Bird & Albin, P.C., Fullerton, for appellee.

KRIVOSHA, C.J., HASTINGS, CAPORALE, and SHANAHAN, JJ., and BRODKEY, J., Retired.


HASTINGS, Justice.

The defendant, who has a contractual interest in and is in possession of the southeast quarter of Section 14, Township 16 North, Range 5 West of the 6th P.M., Nance County, Nebraska, has appealed an order of the district court which enjoined him from obstructing the flow of water through a drainageway across that property.

He assigns as error that the trial court incorrectly determined that the drainageway mentioned in fact existed and that...

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