Groff v. Ankenbrandt

Construing the count most strongly against the plaintiff, as we are to do under the rules of pleading, we must assume that the defendant is not responsible for the erection of the embankment that caused the injury to the plaintiff. He is charged simply with maintaining and continuing it. The mere construction of the embankment upon the land of the defendant was no invasion of the property rights of the plaintiff, and he could have no right of action until the injurious results to his premises determined its character of a private nuisance. In such case the rule appears to be that a grantee of…