Kimble v. White Water Valley Canal Co.

Smith, J. —

Trespass on the case. The declaration contains two counts. The first count alleges that the plaintiff is the owner of certain real estate in the county of Franklin, upon which are erected several mills supplied with water from the West Fork of the White Water river; and that the defendants erected a feeder-dam for their canal across said stream, and by means thereof diverted the water from Ms said mills, &c. ’ The second count is similar to the first, with the additional averment that the plaintiff, on the 1st day of February, 1845, filed Ms claim for damages in that behalf under…