Moritz v. Buglewicz

The Ginn Iowa Oil Company, the intervener, owns an irregular tract of land near Eighty-fourth and Frederick Streets in Omaha, Nebraska. The tract is bounded by Big Papillion Creek, land owned by the City of Omaha, and land owned by John J. Moritz and Marion J. Moritz, the plaintiffs. There is no access to any public road from the intervener’s land, but at one point the land lies within approximately 5 feet of Frederick Street.

The intervener commenced proceedings under section 39-1713, R. R. S. 1943, to establish a public road across the plaintiff’s property which would provide access to its…