Roach v. Sturdy

This is a bill in equity by a riparian owner of an ice pond to restrain the defendants, who own and operate a jewelry factory with a dam which they control at the outlet of the pond, from permitting the water unnecessarily to flow from the pond in such volume as to destroy the plaintiff’s ice crop. The evidence not having been reported, the findings of fact are conclusive. It is found, that a public way forms a natural dam for the pond, and that the defendants have the right to flow the land under the pond and to control the wasteway of the dam by flash boards or planks. A public water main…