Shepardson v. Chicago, Burlington & Quincy Railroad

Appellees seek an injunction to compel appellant to restore the waters of Omaha Creek to their natural flow; to prevent appellants from interfering with the natural flow of waters of Omaha Creek; and to recover damages from appellant alleged to have been caused to the property of appellees by the interference of appellant with the natural flow of waters of the creek. The district court found the facts in favor of appellees, decreed them the relief they sought, and denied the motion of appellant for a new trial. This appeal challenges the correctness of the findings and judgment.

The cause of…