Home/Nebraska Supreme Court/Lowe v. Prospect Hill Cemetery Ass'n

Lowe v. Prospect Hill Cemetery Ass'n

46 L.R.A. 237, 78 N.W. 488, 58 Neb. 94, 1899 Neb. LEXIS 132
CourtNebraska Supreme Court
DecidedFebruary 23, 1899
DocketNo. 8654
StatusPublished
Cited by21 cases

This text of 46 L.R.A. 237 (Lowe v. Prospect Hill Cemetery Ass'n) 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
Lowe v. Prospect Hill Cemetery Ass'n, 46 L.R.A. 237, 78 N.W. 488, 58 Neb. 94, 1899 Neb. LEXIS 132 (Neb. 1899).

Opinion

Ragan, C.

The Prospect Hill Cemetery Association is a corporation organized, under the laws of the state. As its name indicates, it is engaged in the business of interring the dead and in conducting and maintaining a cemetery in the city of Omaha. The space on the map following (p. 99), marked “Prospect Hill Cemetei’y,” indicates the site of an old cemetery belonging to this corporation, which has been used-for burying the dead for a long number of years, was established when the city of Omaha was a frontier town, and at the time such cemetery was established it was outside the residence portions of said city. The space on the map immediately south of Prospect Hill cemetery, marked. “Addition to Cemetery,” also belongs to the Prospect Hill Cemetery Association, and the land which that space represents is used by the cemetery association, and has been for a number of years, as a part of th.e original Prospect Hill cemetery. The cemetery association also owns the strip south of the addition and marked on the map “Land proposed to be used for burials.” The association acquired the legal title to this property in 1895 and was taking steps to cause the same to bé surveyed into burial lots, intending to sell those lots and bury therein the dead, when Jesse Lowe, Martin R. Pruitte, and Nathan Stevens, the owners of lots marked L., L., S., P., P. on map, in behalf of themselves and all others similarly interested and situated who might desire to come into the suit and contribute to the expenses thereof, brought this suit in the district court of Douglas county to enjoin the cemetery association from interring or permitting to be interred dead bodies in said strip of land south of the addition to said cemetery. Lowe and others based their right to the injunction asked on two grounds: (1) That interments in the strip of land proposed to be devoted to cemetery purposes would pollute and poison the water in the wells of Lowe and others, and that in other wells in the vicinity, in that disease germs

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Bluebook (online)
46 L.R.A. 237, 78 N.W. 488, 58 Neb. 94, 1899 Neb. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-prospect-hill-cemetery-assn-neb-1899.