Mason v. Lamb

*351Henry W. Mason, Betty C. Mason, Mark A. Scott and Clara B. Scott, partners trading as Mercury Roller Rink, hereinafter called the plaintiffs, brought an action at law against the defendant, T. R. Lamb, seeking, compensation for damages done to their building and to their business by surface water which it was alleged the defendant, in filling in a depression or low area on his lot, had wrongfully deflected onto the plaintiffs’ land.

The notice of motion contained two counts: (1) that the defendant, in filling in his lot, had “obstructed” the natural flow of the surface water “in a wanton,…