Prather v. Eisenmann

200 Neb. 1, 261 N.W.2d 766 (1978)

Free access to 20,000 Casebriefs

Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

The plaintiffs (P) owned adjoining land. Each maintained a well on the property for domestic purposes. Defendant (D) purchased an adjoining 90-acre tract, upon which they built an irrigation well. All the wells were drawing from the same aquifer. D began pumping from the well at an estimated rate of 650 gallons per minute. As a result, P lost use of their wells when the water levels dropped below their pumps. P sued to enjoin D's use of the well. The lower court found that the water was sufficient for all users if P lowered their pumps and D did not lower theirs. The court permanently enjoined D from lowering their pump, and from pumping at all during the time, it would take P to lower their pumps. The court also awarded P damages in an amount reflecting the necessary cost of obtaining an alternative water supply.

Issues

The legal issues presented in this case will be displayed here.

Holding & Decision

The court's holding and decision will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.