Downie v. City of Renton

On Rehearing. *

Beeler, J.

The single question to be determined is whether the city of Renton acquired a right by prescription to discharge refuse water from its reservoir onto and across the lands of the appellant. The trial court found that the city had acquired such right, and denied the appellant injunctive relief, and entered a decree dismissing his action, from which he prosecutes this appeal.

The facts are not in serious dispute. But since we have reached a conclusion different from that of the trial court, a detailed statement of the facts is deemed essential.

In 1908, the respondent…