Shearer v. Hutterische Bruder Gemeinde

This is an action brought by the owner of land riparian to Dakota (commonly called “James” or “Jim”) river, in Hutchinson county, to restrain the defendant from obstructing the natural flow of that stream and to recover damages caused by defendant’s milldam, located below the plaintiff’s land. The learned trial court, holding that the plaintiff’s claim for damages was barred by the limitation prescribed in section 857, Revised Code Civil Procedure, and that the defendant possessed the right, by 'prescription, to maintain its dam as originally constructed in 1875, entered a judgment wherein it…