Peters v. Langrehr

This is an action to permanently enjoin the defendants from discharging upon the land of the plaintiff waste irrigation waters. Defendants denied generally, but they also pled the statute of limitations, section 25-202, R. R. S. 1943, apparently claiming a prescriptive right to make the discharge, and also pled laches. After trial the court entered an order in which the defendants were “permanently enjoined from permitting excess irrigation water from defendants’ irrigation system from running upon any portion of the plaintiff’s premises.” We modify the decree and remand the cause to the…