Cummings v. Parker

The defendants claim that the decree entered at the March term, 1882, does not follow the opinions of the court heretofore given in the case, inasmuch as it restricts them in the use of water to an amount not exceeding the “ trip-hammer privilege,” and to be taken from the surplus after the mills on the east side of the river should draw whatever is necessary for their use through the canal as it now is. They move that the decree be modified so as to permit them to take their share of the waiter from the millpond at any time and at any stage of the water, or to take it from the surplus after…