Peters v. Lewis

Citations

• 28 Wash. 366
• 68 P. 869
• 1902 Wash. LEXIS 495

Syllabus

<p>APPEALABLE ORDER-INJUNCTION-SUSTAINING DEMURRER TO COMPLAINT.</p> <p>An order sustaining a demurrer to a complaint in injunction is a final order and hence appealable, when the plaintiff refuses to plead further, though the effect of the court’s ruling is the denial of a temporary injunction, since the matter determined is the sufficiency of the complaint and not the necessity for the issuance of a restraining order.</p> <p>SURFACE WATERS-DRAINAGE FROM HIGHER TO LOWER GROUND-REMEDY OF LOWER PROPRIETOR.</p> <p>When surface water is collected and discharged upon adjoining lands in quantities greater than, or in a manner different from, the natural flow, a liability accrues for the injury occasioned thereby, and where the injury is a continually recurring one, incapable of being compensated in damages, injunction is the proper remedy.</p> <p>SAME-ENJOINING UNNATURAL FLOW OF SURFACE WATERS-SUFFICIENCY OF COMPLAINT.</p> <p>In an action to enjoin the discharge of drainage upon plaintiff’s premises, a complaint is good, as against demurrer, for the purpose of showing more than a natural surface flow from defendant’s premises upon those of plaintiff, when it alleges that “the defendants have said two buildings so erected and situate on their said premises that the drainage from said two buildings is discharged upon plaintiff’s said above-described premises.”</p>