56-115 Damages from stagnant or overflow water; procedure. - Nebraska Statutes

56-115. Damages from stagnant or overflow water; procedure.Where any person may have built a mill or other dam whereby the water of any river, creek, run, or spring may be rendered stagnant, or any lands may be overflowed or injured thereby, any person or any number of persons interested therein, or who may be damaged by the stagnation or overflowing of such water, or otherwise, may have the damages sustained, ascertained, and determined in the manner set forth in sections 76-704 to 76-724. SourceG.S.1873, c. 44, § 4, p. 476; R.S.1913, § 3988; C.S.1922, § 3391; C.S.1929, § 56-115; R.S.1943, § 56-115; Laws 1951, c. 101, § 102, p. 495. AnnotationsWitnesses cannot give opinion on what effect dam had in causing river to fill with silt. Kendrick v. Furman, 80 Neb. 797, 115 N.W. 541 (1908).Landowner may abandon ad quod damnum proceedings and proceed as in an ordinary case for damages. O'Conner v. Fields, 79 Neb. 840, 113 N.W. 528 (1907).In a proceeding by landowner claiming to have been damaged by erection and maintenance of milldam, owner of mill may traverse both the petition and inquest as to their allegations and findings of damage. Newcomb v. Royce, 42 Neb. 323, 60 N.W. 552 (1894).Remedy herein provided for indemnity is cumulative. Kyner v. Upstill, 29 Neb. 768, 46 N.W. 281 (1890).Proceedings under this section need not be commenced by all persons whose property may be injured by the erection of a dam, and petition need not set out the names of all landowners above and below the dam. Pierce Mill Co. v. Koltermann, 26 Neb. 722, 42 N.W. 877 (1889).