Nuss v. Pathfinder Irrigation District

This is an action in mandamus to compel the defendant, Pathfinder Irrigation District, to erect a bridge across an irrigation canal under the provisions of Neb. Rev. Stat. § 46-255 (Reissue 1978). The District Court granted a peremptory writ of mandamus and the irrigation district has appealed.

The plaintiffs own approximately 2,400 acres of land in Scotts Bluff County. The southerly portion of plaintiffs’ land lies in Sections 11 and 12, Township 23 North, Range 54 West of the 6th P.M. The High-line Canal, operated by the defendant irrigation district, winds in a northwesterly direction…