Kivett v. . McKeithan

In the year 1877, the plaintiff, at an expenditure of several thousand dollars, caused a valuable mill for grinding and sawing to be built .on the waters of Little river, in Har-nett county, and a dam across the stream extending to the opposite shore, and upon land belonging to the defendant. The latter gave his verbal consent to the construction of an embankment- upon bis land not to be more than one foot in height; but this not being sufficient to raise the requisite head of water, it was in fact made one foot and a half higher than the limit, and in this condition, without complaint, the…