Bailey v. Anderson

This is a suit in equity filed by Bernard B. Bailey against J. A. Anderson, State Highway Commissioner, and others, seeking to restrain the construction of a State highway through the complainant’s property. The lower court sustained a demurrer to the bill, hence this appeal.

The facts alleged in the bill of complaint, and admitted by the demurrer to be true, are as follows:

The appellant, the complainant below, owns a grist mill in Fairfax county which is operated by water power sup*72plied by a mill race. The mill race derives its water from a stream known as' “Colvin Run,” and runs in a winding…