Batavia Manufacturing Co. v. Newton Wagon Co.

This was an action on the case, by the Batavia Manufacturing Company against the Newton Wagon Company, for a diversion of water power used in propelling machinery.

On trial in the court below, the jury returned a verdict for the defendant. The court, after overruling a motion for a new trial, gave judgment upon the verdict, and the case comes here upon the plaintiff’s appeal.

The first question to be passed upon arises upon the giving and refusing of instructions in regard to the construction of deeds under which the respective parties claim, .upon the question of the quantity of water to which…