Haines v. Haines

The appellee, who was plaintiff below, and the appellant’s testator, who was defendant below, owned adjoining farms in Carroll County. For more than thirty y'ears prior to the institution of this suit the entire volume of water from a stream known as “Wolf Pit Branch” had flowed across the farm of the plaintiff, for a distance of 1150 feet, in an artificial aqueduct or race to the farm of the defendant who used the water for domestic, agricultural and manufacturing purposes. The de fendant had during all of that time been accustomed to clean and repair the race when necessary, usually at…