Behle v. Loup River Public Power District

This is a proceeding to condemn an easement for a ditch to drain seepage waters. The verdict and judgment were for the plaintiff in the amount of $1,990.08. Defendant appeals.

The record discloses that the defendant is a corporation organized under sections 70-701 to 70-715, Comp. St. Supp. 1933, for the purpose of constructing and operating a hydroelectric system. As a part of its works, defendant constructed a reservoir close by the plaintiff’s farm, on land approximately 100 feet higher in elevation. As a result of seepage from this reservoir, most of the south 31 acres of plaintiff’s…