Caflisch v. Clymer Power Corp.

Charles B. Wheeler, Official Referee:

' This action is brought to restrain the defendant from lowering the level of a certain lake or pond known 'as Jaquins pond below a certain point, and also from causing it to be raised higher than a certain level so as to overflow the plaintiff’s land, and for alleged damages incident to overflowing such lands. The claim of the plaintiff in these matters will more fully appear as we state certain of the salient facts in this case. More than fifty years ago the defendant’s predecessors in title owned lands on each side of what *244is known as Brokenstraw creek…