Marcus v. Brody

The plaintiff and defendant are the owners of adjoining lots fronting on Glenway Street, Dorchester. *154In March, 1924, the defendant began the erection of a garage on the rear of his lot. The garage “was 25 by 20 feet with two stalls, built of concrete blocks set on a concrete foundation, with concrete floor and a reinforced concrete roof.” The water from the roof flows through a conductor at the corner of the building next to the plaintiff’s land, and the slope of the land is such that the water “is delivered in a stream on to the plaintiff’s lot.” Conductors on the defendant’s house next to…