Trump v. Bluefield Water Works & Improvement Co.

Litz, Judge:

Tbe plaintiff, S. J. Trump, sued in trespass on tbe case for recovery of damages to his land by flood resulting from tbe breaking of dams, June-13, 1923.

Tbe defendant, Bluefieid Water Works & Improvement Company, is, and for many years has been, a public service corporation engaged in supplying .water to tbe city of Blue-field and its inhabitants. In 1901 it constructed in and across Mill Branch, a tributary of East River, in Mercer county, a dam 20 feet high, 120 feet long, and of considerable thickness, for tbe purpose of impounding tbe stream for use in its public service…