Hand v. Catawba Power Co.

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Plaintiff owns a mill and water power on Allison’s Creek, a tributary of Catawba River, which he purchased in September, 1906. In February, 1904, defendant completed a dam across the river about three miles below the mouth of the creek. Plaintiff’s mill is about four miles up the creek from the river. Defendant’s dam backs water up the river and up the creek to about two and three-quarter miles below plaintiff’s-mill. Before defendant’s dam was built, plaintiff’s water power was good, and little or no trouble was experienced by the…