Douglas v. Smith

Ames, C.

A quarter of a century ago there were two water mills and dams on the Nemaha river in Richardson county in this state, and situated several miles apart. The proprietor of the upper mill, called the “Fall Mill,” had the superior and prior right, and begun an action against the proprietor of the lower mill, called the “Exchange Mill,” alleging that the latter, by means of his dam, had set the water back in the stream so as to flood the wheel of the plaintiff, and praying that the defendant be perpetually enjoined from continuing so to do. The suit was tried in June, 1885, and resulted…