Gibson v. Duncan

The appellant was the plaintiff below and the appellee was the defendant. We will speak of them hereafter as plaintiff and defendant. They own and occupy for residential purposes lots in the same block in the city of Tombstone. The natural slope of the ground is such that the surface waters run from plaintiff’s premises on to and over the premises of defendant. On the lowest part of his land, and adjoining the land of defendant, plaintiff has a stable and horse lot, over which surface and flood waters were accustomed to run, and, if not interfered with, these waters naturally passed on to and…