Home/Nebraska Supreme Court/Ed Steffen v. the County of Cuming

Ed Steffen v. the County of Cuming

238 N.W.2d 890, 195 Neb. 442, 1976 Neb. LEXIS 940
CourtNebraska Supreme Court
DecidedFebruary 19, 1976
Docket40000
StatusPublished
Cited by10 cases

This text of 238 N.W.2d 890 (Ed Steffen v. the County of Cuming) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ed Steffen v. the County of Cuming, 238 N.W.2d 890, 195 Neb. 442, 1976 Neb. LEXIS 940 (Neb. 1976).

Opinion

Hendrix, District Judge.

Ed Steffen, plaintiff, appeals from the judgment of the District Court for Cuming County, Nebraska, denying money damages and an injunction against the County of Cuming, Nebraska; Logan Township, Cuming County, Nebraska; and Sherman Township, Cuming County, Nebraska, defendants. We affirm.

The plaintiff owns and resides on a 320-acre farm in Logan Township, Cuming County, Nebraska, about 4 miles north and 13/4 miles west of West Point, Nebraska. The farm and the surrounding lands make up the situs of the controversy. We are including a plat of the area, which will be a part of this opinion.

There is an east-west road running along the south line of plaintiff’s property and to the east thereof. This road divides Logan Township on the north and Sherman Township on the south. Plum Creek runs through the plaintiff’s land from northwest to southeast. It is the principal watercourse of the area and continually carries waterflow. To the immediate east of plaintiff’s land is a man-made ditch running from north to south. It has been in existence for perhaps 40 years and carries runoff water south to Plum Creek. One-half mile to the east of plaintiff’s land and the man-made ditch there is a north-south road which intersects the east-west road. For many years it has been the practice for Logan Township to maintain the road east of this intersection, and for Sherman Township to maintain the road west of this intersection. Felix Creek, which carries water intermittently, approaches the east-west road from the northeast about 3/8 of a mile east of the road intersection. Felix Creek goes south under the east- *445 west road at B6, runs back north and under the east-west road at B5, runs west under the north-south road at B4, and runs back south to the east-west road at B3. In 1963, defendant Sherman Township did work west of B3. The evidence as to work done is somewhat conflicting. Some of the evidence is to the effect that the north road ditch was only cleaned and widened beginning at a point 100 feet west of B3 and running to the west. Some of the evidence is to the effect that the ditch was cleaned, widened, and deepened, and the road raised west of B3. Plaintiff claims that this work diverted the waters of Felix Creek at a point near B3 by which waters were caused to flow west in the north road ditch until they spilled out to the north upon the pasture of the plaintiff causing damage in the amount of $5,600 and irreparable injury entitling plaintiff to an injunction. The defendants deny that the work caused any flooding or damages.

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Cite This Page — Counsel Stack

Bluebook (online)
238 N.W.2d 890, 195 Neb. 442, 1976 Neb. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ed-steffen-v-the-county-of-cuming-neb-1976.