Karnuff v. Kelch

*559The opinion of the court was delivered by

Dixon, J.

This suit was instituted in the Middlesex Circuit, and the declaration avers that the plaintiffs, being husband and wife, were seized and possessed of a certain tract of land in Middlesex county (describing it); that the defendants constructed an embankment on their own land in the rear of the plaintiffs’ land, but so negligently and unskill fully constructed it that the water percolated through it and overflowed the plaintiffs’ land, thereby polluting their well and preventing them from cultivating their land, and by reason of said water…