Leonard v. Wading River Reservoir Co.

The only question presented by this bill of exceptions is, whether, upon the facts stated therein, a complaint under Gen. Sts. c. 149, can be maintained.

It appeared that at September term, 1869, of the Superior Court, the complainant filed a complaint under that chapter against the respondents, for injury by flowage caused by their dam. By agreement of the parties, the matter of this complaint was referred by rule of court to arbitrators, with full powers to render such judgment as a sheriff’s jury could do by a verdict. They made their award, fixing the height at which the dam might be kept…