Legal Opinion

Davis v. Londgreen

Nebraska Supreme Court

Decided October 15, 1878PublishedCited by 20 opinions

Error from the district court for Dodge county. Heard upon demurrer to the petition before Post J. Demurrer sustained. Cause brought up by petition in error. cited Pettigrew v. The Village of Evansville, et ah, 25 Wis., 223. Butler v. Peck, 10 Ohio St., 334. Tootle v. Clifton, 22 Ohio St., 247-253. High on Injunctions, Sec. 498, 500-510. Washburn on Easements, 353, et seq. Kauffman v. Griesnier, 26 Penn. St., 407. Martinv.

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Error from the district court for Dodge county. Heard upon demurrer to the petition before Post J. Demurrer sustained. Cause brought up by petition in error. cited Pettigrew v. The Village of Evansville, et ah, 25 Wis., 223. Butler v. Peck, 10 Ohio St., 334. Tootle v. Clifton, 22 Ohio St., 247-253. High on Injunctions, Sec. 498, 500-510. Washburn on Easements, 353, et seq. Kauffman v. Griesnier, 26 Penn. St., 407. Martinv. Piddle, Id., 415. Martin v. Jett, 12 Louisiana, 501. Ewell v. Greenwood, 26 Iowa, 377. Blane v. Klumphe, 29 Cal., 156. Weimer v. Lowery, 11 Cal., 104. Eootv. Bronson, 4…

1Opinion of the CourtLake, J.

The only question in this case is whether the facts stated in the petition constitute a cause of action, the judgment sought being a mandatory injunction to abate what is claimed to be a private nuisance.

The plaintiff, as the petition shows, is the owner in fee and occupier of the north half of the north-east quarter, and the defendant of the north half of the north-west quarter, of sec. 14, town 18, range 7, in *45Dodge county. On the defendant’s land there is a natural pond covering about'five acres, which is the reservoir for the surface water from one hundred acres of low land surrounding…

2Cases cited1 opinion

  1. Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870

3Cited by20 opinions

  1. Todd v. York CountyNebraska Supreme Court · 1904
  2. Aldritt v. FleischauerNebraska Supreme Court · 1905
  3. Fremont, Elkhorn & Missouri Valley Railroad v. MarleyNebraska Supreme Court · 1888
  4. Jacobson v.Van BoeningNebraska Supreme Court · 1896
  5. Trowbridge v. TrueSupreme Court of Connecticut · 1884

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