Horton v. Goodenough

This is an action wherein the plaintiffs seek to enjoin the continued maintenance by the defendants of certain small structures which the latter have built for the purpose of preventing water from flowing on to their lands. There is no question but that the defendants built the structures complained of or that the structures, or one of them, had the effect of diverting the water from the course it otherwise would have followed into a course which finally led some of it to the plaintiffs’ land. The only question is as to the right of the defendants to maintain the structures. The primary rules…