Drew v. Hicks

Citations

• 4 Cal. Unrep. 440
• 35 P. 563

Syllabus

<p>Nuisances—Prescriptive Bight.-—The Buie That a Bight to maintain a nuisance cannot be acquired by prescription applies only to public, and not to private, nuisances.</p> <p>Nuisance—Prescription.—Where Evidence Showing a Prescriptive right to maintain a private nuisance has been admitted without objection that it is not within the issues made by the pleadings, it is an abuse of discretion to refuse to allow defendant to amend his answer so as to allege, the right.1</p> <p>Surface Waters.—The Buie That Land is Subject to the Flow of surface water from higher land does not apply to surface water turned on the lower owners by artificial changes made by those owning land above them.</p>