Town of Cloverdale v. Smith

GRAY, C.

This action was brought to abate and enjoin a nuisance alleged to be caused by the construction and maintenance by defendants of a bulkhead, embankment, and ditch, whereby surface waters were conducted and thrown upon the streets of the town of Cloverdale. Defendants had judgment, from which and from an order denying a new trial plaintiff appeals. It appears that the waters in controversy are surface waters which collect in the hills to the west of defendants’ lands, as well as on the land of defendants and other flat lands, and at the time the case arose flowed in a well-defined…