Pyle v. Richards
Nebraska Supreme Court
Error to the district court for Richardson county. Tried below before Gaslin, J., sitting for Broady, J. Angelí Water Courses, § 4. Hoyt v. Hudson, 27 Wis., 661. Evlriok v. Richter, 37 Wis., 226. Cooley Torts, 575. Flagg v. Worcester, 13 Gray, 601. JDavis v. Londgreen, 8 Neb., 43. Boyd v. Conklin, 20 N. W. R., 598, and cases cited.
1Opinion of the CourtMaxwell, J.
This action was brought by Richards against the plaintiff in error in the district court of Richardson county to recover damages for injury to his land by the alleged diversion of the course of a stream, whereby it discharged its waters on Richards’ land. The answer was a general denial. The cause was tried to a jury and a verdict returned in favor of Richards, upon which judgment was rendered.
The first error assigned is, that the evidence is insufficient to sustain the verdict, as it is claimed that the proof fails to show the existence of a water-course, hence there could be no diversion.
The…
2Cases cited1 opinion
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
3Cited by20 opinions
- Simmons v. WintersOregon Supreme Court · 1891
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- Snyder v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1944
- Clough v. WingArizona Supreme Court · 1888
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
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