Lincoln Street Railway Co. v. Adams
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case. An adjoining owner cannot, by a ditch or canal, empty a natural reservoir, such as a pond, slough or “sag hole,” onto his neighbor.
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Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of the case. An adjoining owner cannot, by a ditch or canal, empty a natural reservoir, such as a pond, slough or “sag hole,” onto his neighbor. (Davis v. Londgreen, 8 Neb., 43; Pettigrew v. Village of Evansville, 25 Wis., 223.) After receiving surface water onto his land, the proprietor cannot collect the fugitive waters which would otherwise soak into the ground or would run off in many streams and directions, and discharge the accumulations in a single stream onto his neighbor.…
1Opinion of the Court
Ragan, C.
This suit was brought by Christian H. Adams in the district court of Lancaster county against the Lincoln Street Railway Company for damages. As the petition is well drawn and concisely states the facts relied upon for a cause of action we quote it at length. It is as follows:
“The plaintiff, for cause of action against the said defendant, alleges that he is and was on and prior to the ■- day of April, 1891, the owner in fee-simple and in possession of lot A, in South Park addition to the city of Lincoln, in said county, and the lessee and in possession of lots thirty-two and…
2Cases cited1 opinion
- Hogenson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
3Cited by8 opinions
- Jacobson v.Van BoeningNebraska Supreme Court · 1896
- Lincoln & Black Hills Railroad v. SutherlandNebraska Supreme Court · 1895
- Hengelfelt v. EhrmannNebraska Supreme Court · 1942
- Miksch v. TasslerNebraska Supreme Court · 1922
- Bunderson v. Burlington & Missouri River Railroad Co.Nebraska Supreme Court · 1895
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