LANGLEY v. DESHAZER

No. 8443.

304 P.2d 1104 (1957)

Frank LANGLEY and Kathaleen Langley, husband and wife, Plaintiffs-Respondents, v. Roy E. DESHAZER and Mable Deshazer, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied January 9, 1957.


Attorney(s) appearing for the Case

Ryan & Ryan, Weiser, for appellants.

Norris & Welch, Payette, for respondents.


ANDERSON, Justice.

This is an action to have a private driveway declared a private nuisance and to have it abated so as to allow water backed up on plaintiffs' (respondents') lands from defendants' (appellants') pumping pond to drain away. Plaintiffs asked damages in the sum of $3,000. Defendants maintain that they have acquired an easement by prescriptive right to maintain the private driveway to use as a levee to raise the water level for pumping purposes.

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