Ames v. Cannon River Manufacturing Co.

Plaintiffs and defendant are upper and lower proprietors of the Cannon river, a non-navigable stream, .and of the land on each side — the plaintiffs owning above, and the defendant immediately below, and each having a mill and mill-dam. Plaintiffs complain that defendant erected and has maintained and maintains its dam at a height which sets the water back, and raises it above its natural level on their premises, so as to obstruct their wheels, and demand damages, and that defendant’s dam be reduced, taken down and abated, so as to relieve their land from the back water. The answer denies the…