Fishback v. Woodruff

The complaint in this case is founded on a lease of water power, made in 1840, by the State of Indiana, through the. agency of the canal commissioner, to Nathaniel West. West was the proprietor of certain mills for spinning and weaving, and the owner of the lands whereon they were situated, which lay adjoining the Central Canal, from which the water was to flow. The water leased was “ so much surplus water, not required for the purposes of navigation,” as would propel a certain amount of machinery, for a certain amount of rent reserved. It was stipulated that upon certain contingencies, as…