Bell v. Elliott

This was an action on the case brought by Elliott against Bell.

The declaration states that a stream of water runs through the adjacent lands of the parties; and that on-the defendant’s land, which is below that of the plaintiff’s, • the defendant had erected a mill-dam, which caused the water to overflow the plaintiff’s land, to his damage, &c.

Pleas, 1st, not guilty ; 2ndly, a license by the plaintiff. Replication in denial of the license. Verdict and judgment for the plaintiff.

It was proved on the trial, inter alia, that the dam was about eighty rods below the plaintiff’s land ; that the…