Legal Opinion

McClure v. City of Broken Bow

Nebraska Supreme Court

Decided April 10, 1908No. 15,110PublishedCited by 8 opinions

Appeal from the district court for - Custer county: Bruno O. Hostetler, Judge.

1Opinion of the Court

Root, C.

Action against defendant for injuries to plaintiff’s mill' and lots because of the alleged negligent filling of a natural watercourse and failure to provide in lieu thereof a sufficient outlet for flood waters. Plaintiff prevailed, and defendant appealed. ’

Defendant is a municipal corporation. By virtue of subdivision XY, sec. 69, art. 1, ch. 14, Oomp. St. 1907, it had authority “to establish, alter and change the channel *385of watercourses, and to wall them and to cover them over; to establish, make and regulate wells, cisterns, windmills, aqueducts, and reservoirs of water, and to…

2Cases cited4 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. O'NeillNebraska Supreme Court · 1899
  2. Chicago, Burlington & Quincy Railroad v. EmmertNebraska Supreme Court · 1897
  3. Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
  4. Chicago, Burlington & Quincy Railroad v. O'ConnorNebraska Supreme Court · 1894

3Cited by8 opinions

  1. Thrapp v. MeyersNebraska Supreme Court · 1926
  2. Hopper v. Elkhorn Valley Drainage DistrictNebraska Supreme Court · 1922
  3. McGuire v. Post Falls Lumber & Manufacturing Co.Idaho Supreme Court · 1913
  4. Layton v. Sarpy CountyNebraska Supreme Court · 1909
  5. McDonell v. Lake Erie & Western Railway Co.Appellate Court of Illinois · 1917

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