Mastenbrook v. Alger

Complainant filed a bill, as the lower proprietor of land, alleging that the defendant, who was an upper proprietor, had constructed a dam across a water way which runs through complainant’s land, the effect of which was to divert the water from its natural channel onto defendant’s land, where it is wholly absorbed, and that none of the water is allowed to come to the land of the complainant. The bill contains no allegation of damages, but it does aver that complainant has no other running water on his farm for his stock; that the stream •of water runs near his house and barns, and is of…