Garland v. Aurin

This is an action of damages, brought by the occupant of a city lot against the owner of an adjacent and lower lot for creating an alleged private nuisance by filling such lower lot with earth, garbage, etc., and thereby obstructing the natural drain of surface water, and. backing the same upon plaintiff’s lot, and there making a stagnant pond, which impaired the use of the premises, and, through noxious vapors emitted, caused sickness to the plaintiff. The defendant demurred upon four grounds: First, that being within the city limits, the defendant had the legal right to fill or raise his…