Williams v. Drummond Water & Canal Co.

This case is practically identical in its essential features with that of Mullen v. Canal Co., at this term, wherein the legal principles applicable to such cases are fully discussed. In fact, it is against the same defendant, and arises out of the same general work, the deepening and widening of the canal in 1898 and 1899. It is in evidence that the “sweat and lead ditch,” the obstruction of which caused much of the injury, had been in continuous use for both purposes for more than fifty years. One of the witnesses, Hughes, testified as follows: “That he has known the land for fifty years,…