Examlex
Bethany and Callan owned adjacent houses in a subdivision.Bethany's house and lot were located on slightly higher ground than Callan's,and the natural flow of water was downhill toward Callan's house.The two houses were separated by an 8-foot-wide driveway,of which each homeowner owned one-half.One day,Bethany changed the location of the eavestrough downspout on her house to direct the flow of water from her roof across the driveway,which sloped toward Callan's house.The first heavy rain resulted in the flooding of Callan's basement,because Bethany had directed all of the rain that had collected on her roof toward and into Callan's basement window.
-Bethany is liable for trespass by directing the rainwater collected on his roof toward Callan's property,if she did so with the intention of flooding Callan's basement.
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