Laroque v. . Kennedy

The plaintiff brings this action to recover damages for ponding water on her land, located on South-West Creek. She alleges in her complaint, among other things:

"That the defendant is the owner of a mill-site known as `Kennedy's Mill' in said South-West Township, which said mill is built across South-West Creek below plaintiff's lands, and the defendant makes use of the waters of said South-West Creek to supply power for the operation of said mill.

"That on or about . . . . day of March, 1906, the defendant wrongfully, unlawfully, and without any rightful authority raised the dam of said mill…