Southern Indiana Power Co. v. Miller

— Appellant is the owner of a certain dam and hydraulic generating plant constructed under the authority of §5081 Burns 1914, Ads 1907 p. 280, at the town of Williams, in Lawrence county. The dam is located in and across White river, a permanent stream or water course at that point, and by its construction the water in said stream was set back- and caused to overflow a part of appellee’s lands. To. appropriate the lands so overflowed and to assess the damages sustained by appellee through such appropriation is the purpose of this action. In prosecuting this appeal from a verdict and judgment…