East Jersey Water Co. v. Bigelow

The opinion of the court was delivered by

Lippincott, J.

The defendants in error are the owners of a tract of land through which a branch of the Pequannoclt river flows. On this land they maintain a saw-mill, which is operated by water power drawn from the river by means of a low dam and a raceway leading to the saw-mill. This mill has been uninterruptedly operated by the defendants in error and their father for a period of over thirty years, and their legal right to operate the mill in the manner in which it is operated during this period is not disputed by the plaintiff in error.

This action…