Botsch v. Leigh Land Co.

Plaintiffs appeal from an order entering a mandatory injunction which requires defendants to drain four waste disposal ponds, prohibits them from ever using the ponds to hold any “mix of cattle manure and water,” and awards plaintiffs a judgment for $4,800 for temporary damages suffered by plaintiffs “during past years to date of trial.”

This is the second appearance here of this case. Our first opinion appears under the same title at 195 Neb. 509, 239 N. W. 2d 481 (1976), wherein the facts are set forth in considerable detail. In the trial upon which our first opinion was based, the trial…