Walker v. Butz

Action on the case, for obstructing a water course, running into the plaintiff’s meadow.

The plaintiff fully made out his case. Articles of agreement were made in 1751, between John Walker, the father of the plaintiff, and Thomas Wilson, who sold the premises to the defendant, whereby Walker exchanged 7 acres of land with Wilson for 10% acres of his land, to accommodate the latter with a good mill-seat; and Wilson covenanted that Walker, his heirs and as*signs should have the free r^qvq privilege of using the spare water from his mill, pro- L *575vided.the same did not prove hurtful thereto,'and…