South Bend Manufacturing Co. v. Liphart

Lotz, J. —

The appellant was plaintiff and the appellee defendant in the court below.

The substantial averments of the complaint are that the South Bend Manufacturing Company is a corporation organized for the purpose and authorized to build a *186dam across the St. Joseph river, to create water power to be used for manufacturing and other purposes. It constructed a dam and excavated a race, or waterway, along the southwest bank of the river, one-fourth of a mile in length, running down the stream parallel with and about fifty feet from the edge of the river. On the bank, between the river and the…