Rumble v. Locust Mountain Coal Co.

Hicks, J.,

— In the plaintiff’s statement it is averred, inter alia, that he is the owner of a tract of land in Union Township, through which flows a stream of water known as Dark Run, across which he constructed a dam; he also constructed upon the said land, and operated, a grist and sawmill. The tract of land, mill and stream were used by him in carrying on his business of milling, sawyer and harvesting ice from the dam; that between Jan. 7, 1923, and the time of bringing this suit, the defendant wilfully, wantonly, wrongfully, injuriously, negligently and unlawfully kept and continued and…