Dana S. Courtney Co. v. Quinnehtuk Co.

The plaintiff is the owner of a dam and power plant on Chicopee River next below a dam and power development of the defendant. The defendant’s canal is so constructed that it may and does divert some of the water from above the defendant’s dam around the plaintiff’s dam and back to the river below the plaintiff’s dam. Since 1932 changes in the defendant’s works and in methods of operation have resulted in a substantial reduction in the amount of water reaching the plaintiff’s dam. The prayers of the bill are for injunctive relief and for damages.

The rights of the parties depend primarily upon…