Gilmore v. Armstrong
Nebraska Supreme Court
Appeal from the district court of Jefferson county. Heard below before Babcock, J. The facts are stated by the commissioner. A right of drainage through the lands of another is an easement requiring for its enjoyment an interest in lands which cannot be conferred by parol.
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Appeal from the district court of Jefferson county. Heard below before Babcock, J. The facts are stated by the commissioner. A right of drainage through the lands of another is an easement requiring for its enjoyment an interest in lands which cannot be conferred by parol. (2 Washburn, Real Property [3d ed.], p. 279; Snowden v. Wilas, 19 Ind., 13; Wiseman v. Imcksinger, 84 N. Y., 31; GronkMte v. GronkMte, 94 N. Y., 323; Groasdale v. Lanigan, 129 N. Y., 604; Poison v. Ingram, 22 S. Car., 541; Morse v. Gopeland, 2 Gray [Mass.], 302.) No license was ever granted to defendant to perform the acts…
1Opinion of the Court
Iuvine, C.
The appellant brought this action against the appellee to restrain the latter from maintaining a certain dam *94and ditch, which he alleged diverted a water-course which would otherwise drain plaintiff’s land and pass across the land of the defendant, in such manner as to throw the water back upon plaintiff’s land to its damage. The defendant, by answer’, pleaded that the dam and ditch had been constructed under an agreement between the parties to that effect, and had been their joint work; that plaintiff had wrongfully obstructed the ditch, and defendant therefore prayed for an…
2Cases cited9 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Snowden v. WilasIndiana Supreme Court · 1862
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Fremont, Elkhorn & Missouri Valley Railroad v. MarleyNebraska Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Todd v. York CountyNebraska Supreme Court · 1904
- Arterburn v. BeardNebraska Supreme Court · 1910
- Keim v. DowningNebraska Supreme Court · 1953
- Rentfro v. DettwilerMontana Supreme Court · 1933
- Munsch v. StelterSupreme Court of Minnesota · 1910
6 more not listed; retrieve them via the Exa API.