Morrill v. Mackman.

The plaintiffs in error, defendants below, were sued to recover for damages to the lands of the plaintiff below, caused by the setting bade of water upon such lands by means of a mill-dam. The dam appears to have been erected by a person through whom the defendants derived title, and the wrong alleged against them consisted in keeping it up aftef they became owners. It seems to have been supposed by the parties .that the dam was originally built, and the land flowed, by permission of the then owner of such land, and a license for its construction and continuance was relied upon as a defense…