Stratton v. Mount Hermon Boys' School

The plaintiff, the owner of a mill upon a small stream, sues the defendant, an upper riparian proprietor upon the *84same stream, for wrongful diversion of water therefrom to his injury. The material facts are that the defendant owns a tract of land through which the stream flows and upon which also is a spring confluent to the stream. Upon this land it has established pumping apparatus whereby it diverts about sixty thousand gallons of water each day from the spring and stream to another estate belonging to it and not contiguous to its land adjacent to this stream but located about a mile away…