Langley v. Deshazer

ANDERSON, Justice.

This is an action to have a private driveway declared a private nuisance and to have it abated so as to allow water backed up on plaintiffs’ (respondents’) lands from defendants’ (appellants’) pumping pond to drain away. Plaintiffs asked damages in the sum of $3,000. Defendants maintain that they have acquired an easement by prescriptive right to maintain the private driveway to use as a levee to raise the water level for pumping purposes.

The parties to this action are adjoining landowners. The lands of the defendants lie westerly from those of the plaintiffs, and are…