Walter v. County Commissioners

This is an action brought against the Commissioners of Wicomico county to recover consequential damages for injury to the appellant’s mills and dam from back water, occasioned by obstructions placed in the stream below the mills.

The principal questions arise upon demurrer, and involve the validity of the third count in the declaration, and the defendants’ additional plea to the fourth count.

The third count charges that a public highway passed over and across the bed of the stream or water course below the dam and mills of the plaintiff, over which highway the waters of the said water course,…