Bennett v. Cupins

The action is in equity. The complaint demands judgment that the defendant school district be compelled to abate a private nuisance and for damages caused to plaintiff’s premises by said nuisance and trespass. It is alleged in the complaint and supported by the proof that the school property adjoins plaintiff’s premises on the east. In the rear the school property originally was lower than plaintiff’s property in the rear thereof, so that surface water drained from plaintiff’s property onto the property of the defendant and, therefore, in this respect defendant’s property was servient to…