Lincoln & Black Hills Railroad v. Sutherland
Nebraska Supreme Court
Error from the district court of Merrick county. Tried below before Marshall, J. The facts are stated by the commissioner. The owner of the lower estate may, without incurring liability for damages, erect a dike or embankment to prevent the flow of surface water on his land, even though it it may cause the water to back up and overflow adjoining lands.
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Error from the district court of Merrick county. Tried below before Marshall, J. The facts are stated by the commissioner. The owner of the lower estate may, without incurring liability for damages, erect a dike or embankment to prevent the flow of surface water on his land, even though it it may cause the water to back up and overflow adjoining lands. (Morrison v. Buckport, 67 Me., 353; Murphy v. Kelley, 68 Me., 521; Sweet v. Cutts, 50 N. JEL, 439; Beard v. Murphy, 37 Yt., 104; Luther v. Wennisimmet Co., 9 Cush. [Mass.], 171; Emery v. City of Jjowell, 104 Mass., 16; Buffum v. Harris, 5 R.…
1Opinion of the Court
Ragan, C.
Sutherland Bros, owned the southwest quarter of section '25, township 14 north, and range 7 west of the 6th P. M., in Merrick county, and used and occupied said premises for farming purposes. Across this land, running in a northeasterly direction was a depression, called in this ■country a “ draw.” This draw was some seven miles in length. It headed or began some three miles southwest of the premises of the Sutherlands and emptied into Silver creek or some of its tributaries. This draw was not a running stream, but the waters from melting snows and rains which fell on a large area of…
2Cases cited7 opinions
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- Fremont, Elkhorn & Missouri Valley Railroad v. MarleyNebraska Supreme Court · 1888
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
- Davis v. LondgreenNebraska Supreme Court · 1878
- Pyle v. RichardsNebraska Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Todd v. York CountyNebraska Supreme Court · 1904
- Nichol v. YocumNebraska Supreme Court · 1962
- Snyder v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1944
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Jacobson v.Van BoeningNebraska Supreme Court · 1896
15 more not listed; retrieve them via the Exa API.