Marseilles Hydro Power, LLC v. Marseilles Land and Water Company
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The plaintiff (“the power company”) owns a disused hydroelectric plant built in 1912. When functional the plant was powered by water from a canal, owned by the defendant (“the canal company”), that connects the plant to the Illinois River. A contract between the parties’ predecessors required the owner of the plant to pay rent to the owner of the canal and required the latter to keep the canal in good repair. The requirement had no practical significance when the plant was not being used. But the current owner of the plant, that is, the power company, decided to put the…
2Cases cited50 opinions
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