Haenchen v. Sand Products Co., Inc.

BOYDSTON, Judge.

This is an appeal by Fred Haenchen from the trial court’s decision to sustain a demurrer at the close of his case-in-chief. The case was a nuisance action brought to recover damages to farm land and to abate flooding allegedly caused by adjacent landowner’s earthen dam. The trial judge gave three reasons for sustaining the demurrer:

1. the action was barred by the statute of limitations;

2. the plaintiff not only failed to prove that the defendant created an embankment by virtue of his sand operation, but also failed to prove that the embankment was the proximate cause of the…