Eesley Light & Power Co. v. Commonwealth Power Co.

The plaintiff is a domestic corporation engaged in the generating and sale of electricity at Plain-well, Mich. It was admitted upon the trial that plaintiff since 1905 has been the owner of 2,266f square inches of water at the plaintiff’s tailrace, and had the right to use this water during the years from 1905 to May, 1910, the time of bringing this suit. It depends for the most part upon water power from the river to generate its electricity. Plaintiff has a steam plant to supplement the water power, when it is needed for any reason, and this steam plant is of sufficient capacity to supply…