Brinegar v. Copass

Duefie, 0.

John E. Copass, the appellant, owns 80 acres of land in Bichardson county lying in the valley of the Nemaha river. Brinegar, one of the appellees, owns the farm adjoining on the west. The river runs through a portion of Brinegar’s farm, and it also forms the south boundary line of the Copass land. The river is subject to overflows, and at such times the flood waters run from Brinegar’s land eastward upon and over the land of Copass. Some four or five years prior to the commencement of this action, Brinegar and Copass built an embankment or dike on the bank of the river on the land…