Hooten v. Barnard

This is an action of tort to recover damages of the defendant because he built his stable in such a manner that, for want of proper gutters and conductors, the rain water was collected and thrown upon the plaintiff’s land. The defendant set up in his answer, that he had gained by prescription the right to have the water from his stable flow upon the plaintiff’s land.

It appeared, at the trial, that the defendant had maintained his stable, and the roof, gutter, and conductor, in exactly their present condition for more than thirty years, without objection or complaint on the part of the…