Brown v. DeNormandie

The question for decision is: Shall an injunction . be granted to restrain the defendants from building a reservoir dam upon their own land across a stream not navigable, for the purpose of storing a head of water for their mills situated eighty miles below on the same waters?

The pertinent facts should first be stated. The plaintiff is the proprietor of a summer hotel known as Brown’s Camps, located upon the shore of Upper Kezar Lake, which for convenience will be called Kezar Lake. The defendants in their capacity as Trustees of the Pepperell Manufacturing Company, a voluntary association,…