Oakley Mills Manufacturing Co. v. Neese

McCay, Judge.

No attack was made at the trial on Denmead’s deed oj.’ grant. Under that he had an unquestionable right to back water upon lot number one'thousand and ten, to the extent his-then dam did back it, and the defendants having bought his mill tract, the easment on lot number one thousand and ten passed to the defendants. It is very clear, therefore, that the wrong done the plaintiff, if any, is the increased flow of the present back-water over and above what Denmead’s deed allowed. As the evidence appears of record, there is absolutely no testimony to show how much damage is done the…