Moundsville Water Co. v. Moundsville Sand Co.

Rose, Judge:

The Moundsville Water Company prosecutes this appeal from a decree of the Circuit Court of Marshall County by which it was denied a mandatory injunction, damages and other relief against the Moundsville Sand Company, and its bill was dismissed.

The appellant is a public service corporation which operates a number of water wells, a pumping station and supply and distributing lines of pipe by means of which it furnishes domestic water to 3200 consumers in the City of Moundsville. It depends for its supply of water upon eleven wells sunk in the bed of the Ohio River in 1902 and three…