Downie v. City of Renton

-This action was brought to enjoin the city of Renton from discharging waste water from its reservoir on to the plaintiff’s land. Plaintiff, being unable to sustain the same, voluntarily dismissed his second cause of action to recover for loss of fish and damage to his fish pond by such drainage. As an affirmative defense, the city alleged that it had acquired by prescription the right to flow water from its reservoir over the plaintiff’s land. The trial of the cause to the court resulted in judgment of dismissal. Plaintiff has appealed.

In 1921, the appellant purchased, and has ever since…