Moore v. Chesapeake & Ohio Railway Co.

Gregory, J.,*

delivered the opinion of the court.

Warner Moore, surviving member of the firm of Warner Moore and Company, instituted a suit in equity, against The Chesapeake and Ohio Railway Company, for the purpose of requiring it to perform specifically its obligations, under several old water grants, to supply certain water for the operation of the appellant’s mill and as incidental thereto, to require it to respond in damages for certain losses occasioned by the forced shut down of the mill on account of an inadequate supply of water. The lower court, by decree, denied relief and dismissed…