Nosser v. Seeley
Nebraska Supreme Court
Appeal from the district court of York county. Tried below before Post, J. 1. The court erred in its conclusion of law “ that the plaintiff is estopped from asserting his rights in this action.” We have endeavored to show that there is no evidence to sustain the finding of fact upon which this conclusion of law is based. But if the evidence warranted the finding of fact as found by the court, still the conclusion of law is erroneous.
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Appeal from the district court of York county. Tried below before Post, J. 1. The court erred in its conclusion of law “ that the plaintiff is estopped from asserting his rights in this action.” We have endeavored to show that there is no evidence to sustain the finding of fact upon which this conclusion of law is based. But if the evidence warranted the finding of fact as found by the court, still the conclusion of law is erroneous. Nothing short of an express license given by Nosser to Seeley granting to him the privilege of flooding his land, which license was relied on by Seeley, and…
1Opinion of the Court
Maxwell, Ch. J.
This is an action for a perpetual injunction. The prayer of the petition is to enjoin the defendant from erecting a dam across the West Blue river, upon his own land, to such a height as to cause the water to flow back on the plaintiff’s land. On the trial of the cause in the court below judgment was rendered in favor of the defendant dismissing the action. The plaintiff appeals to this court.
The court below made special findings of fact, as follows: “The court do find that the plaintiff, B. E. Nosser, is the owner of the west half, of north-west quarter, section nine, township…
2Cited by7 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Clark v. Cambridge & Arapahoe Irrigation & Improvement Co.Nebraska Supreme Court · 1895
- McMillan v. NoyesSupreme Court of New Hampshire · 1909
- Traver v. Board of County CommissionersNebraska Supreme Court · 1883
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