Where in an action for a nuisance, in allowing the water from the defendant's roof to be shed on the plaintiff's land, there was evidence to show that the water did not run upon the plaintiff's premises until after a new eavestrough was constructed and put up, and that since that time it did run over and upon the plaintiff's premises, and injured his land; it was held, that the judge on the tiral erred in nonsuiting the plaintiff.