Stricker v. Knaub

This is an appeal from a decree permanently enjoining the defendants-appellants from discharging their waste, unused irrigation water onto land owned by the plaintiffs-appellees, and dismissing the former’s counterclaim for a prescriptive easement and damages. We affirm.

The errors assigned by defendants raise but a sin gle issue, Does the evidence meet their burden of proving a prescriptive easement appurtenant to their lands entitling them to discharge their waste, unused irrigation water onto plaintiffs’ land?

We review this case in equity, in accordance with the oft-stated rule that in such…