Lammott v. Ewers

This action 'was brought by Lammott against Ewers to compel the partial abatement of a mill dam, erected by the latter across White Water river, in Wayne county. A further object of the suit was to enjoin the defendant from making a proposed extension of the dam eastwardly, across an artificial channel which had been washed around the east abutment. In addition damages were claimed for flowing the plaintiff’s lands by means of the dam erected by the defendant, and for causing the artificial channel above mentioned to be washed through his soil.

The defendant sought to justify under a grant of…