Junction Railroad v. Sayers

— The appellees aver in their complaint that in the year 1853, one Hamilton was the owner of certain real *319estate through which there is flowing a stream of water, on which stream, as appurtenant to said real estate, were then and still are situated a valuable flour-mill and saw-mill, both of which are propelled by water flowing from said stream; that at the date aforesaid, the appellant being •then engaged in building its road, desired, at a point in the said land of Hamilton, to change the channel of the said stream, and it was agreed between said parties that the said company might so…