Hengelfelt v. Ehrmann

Plaintiff brought action to recover damages resulting from an unlawful discharge and overflow of rain water and irrigation water upon his land by the defendant. At the close of plaintiff’s evidence, the trial court sustained a motion to instruct the jury to return a verdict for the defendant. Plaintiff appeals.

The petition alleged the ownership by plaintiff of the northeast quarter of section 17, township 21 north, range 54 west of the 6th P. M., in Scotts Bluff county, Nebraska; that said tract in its natural state was arid, slightly rolling land, the south portion being higher than the…