Ruthven v. Farmers Co-operative Creamery Co.

— Defendant conducts the sewage from its creamery through a tile drain constructed by it through plaintiff’s land, and discharges it at a-point thereon where plaintiff contends it has no right to do, to his loss and damage. It is also contended that the discharge creates a nuisance, and he "asks that the nuisance be abated. Defendant admits the construction of the tile drain, claims that it was put in by arrangement and agreement with plaintiff, denies that the discharge creates a nuisance, denies any damage to plaintiff, and further pleads that it is using the drain under permission and…