The plaintiff sued his neighbours for nuisance and the tort in Rylands v. Fletcher due to water and debris migration from their property onto his.
The defendants had built their property in deliberate disregard of city-approved plans, leading to improper roof slope, downpipe placement, grading, and retaining wall construction.
The court found the defendants liable for nuisance, awarding the plaintiff compensatory damages for property repairs and general damages for loss of enjoyment.
A mandatory injunction was issued requiring the defendants to undertake specific remedial construction to abate the nuisance.
Punitive damages were denied as disproportionate given the injunctive relief.
