Preston v. Clark

Plaintiff Preston is the owner and operator of a grist mill at the village of Hartland. Plaintiff Foltz is the owner and operator of a grist mill at Parshallville. Both mills are operated by water power. The outlet of Whalen lake furnishes these mills with their principal source of water, although there are other smaller contributing streams. These mills have used the water from this outlet for many years. In October, 1905, the outlet was lowered by drain proceedings, thereby increasing the flow of the water in the outlet. In the fall of 1923 defendants, who owned the land, constructed a dam…