Mylander v. Beimschla

The appellee sued the appellant for “negligently permitting the waste and rain water from her property to be thrown up against and upon the north wall of the plaintiff”, thereby causing the injury set out in the declaration. The appellee relied especially upon the ground that the appellant had permitted the rain-spout, which was supposed to carry the water from the roof of her house, to become and remain in such condition that it turned the water upon the house of the appellee, injuring the wall and foundation, and causing the cellar to be damp and unhealthy. ' The appellant’s defense was…