Lyon v. McLaughlin

It is agreed that both parties have rights to the privilege of water under their respective deeds. The controversy arises upon the defendant’s claim of ownership of a part of the dam, and as to the mode and means by which he is entitled to take the water which, it is conceded, he has a right to use. The determination of this controversy depends on the construction to be given to the deed under which the defendant holds his rights. Upon the construction claimed by the orator, the'defendant does not own any part of the dam, and is obliged to take the water from the existing flume without the…