Monroe v. Estes

This was a suit to recover damages alleged to have been caused by the act of a lower mill-owner in backing water by raising the height of a dam, so as to cause it to interfere with the wheel which furnished the power by which the plaintiff’s- mill was operated. The defendants answered, in substance, that the dam had not been raised beyond the height at which it had formerly been built and maintained for a long period before the erection of the plaintiff’s mill; that while leakage in the lower dam had been stopped to a certain extent, the repairs did not raise the waters to the height of the…