Abbott v. Pond

This action was brought to enjoin defendants from discharging waste water upon the land of plaintiff.

The plaintiff appeals from a judgment in defendants’ favor and from an order denying plaintiff a new trial.

1. The plaintiff objected to the defendants introducing any evidence of a prescriptive use or right to discharge their waste waters across the land of plaintiff, upon the ground that the facts set up in the answer “do not constitute a defense by way of prescriptive right or easement as claimed in the answer.” This is in the nature of a demurrer to the answer. It is claimed that…