Oostanaula Mining Co. v. Miller

The defendant, an upper riparian proprietor, erected a concrete dam across a stream, and by means of a pipe conveyed water therefrom for use in washing ores, etc. A lower proprietor, through whose pasture the stream ran, filed a petition seeking damages and an injunction, in which he alleged that the defendant, by the acts mentioned, had practically diverted the entire flow of the water from its natural . channel, leaving none for his use in watering stock, etc. There was a direct conflict in the evidence as to the extent of the diversion of the water. The judge granted an injunction to…