Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company

[67] I respectfully dissent.

[68] I believe that the resolution of this case is to be found in the plain language of the indenture itself. As the majority recognizes, the indenture grants to the railroad:

the right to construct and maintain ... a dam which shall be not less than fourteen feet or more than twenty feet in height and of sufficient length to properly and effectually dam the water flowing through the said stream so as to acquire an accumulation of water of a depth of not less than fourteen or more than twenty feet at its deepest point[.]”

Appellant’s App. p. 39 (emphasis added).

[69]…