Anneberg v. Kurtz

Atkinson, Justice.

(After stating the foregoing facts.) The defendant, in an amendment to his answer, admitted that he had been operating a canning planf and dumping tomato peelings and refuse from the plant into the creek; but alleged a prescriptive easement so to do by reason of having done so from June 1st to November 1st of each year for the past thirty-three years. This presents*two questions for decision: (1) Can an easement by prescription ripen by reason of such seasonal use of the stream? (2) Would these acts, though amounting to a private nuisance, ripen into a prescriptive easement?

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