ENTERPRISE COMPANY v. Sanitary District No. One

Sanitary District No. One of Lancaster County, Nebraska, commenced this proceeding to obtain an easement for the purpose of enlarging an existing drainage ditch. Enterprise Company, Inc., is the owner of the land involved in the proceeding. For convenience. Enterprise will be referred to as the plaintiff, and the Sanitary-District, as the defendant.

The plaintiff recovered damages in the amount of $13,005 in the trial court. The defendant appeals from that judgment. The assignments of error relate to the sufficiency of the evidence to sustain the judgment and the, instructions,, to the jury.…