Powell v. . Stone

The defendant, by protestation, denies that the river Neuse, at the place where, etc., is a navigable river, or that he has any knowledge of the plaintiff, his land or fishery, except that he is informed that Powell lives 15 miles above the dam, and Dunn ______ miles above it; and, for plea, saith that he built the dam on his own land, for the purpose of giving him a head of water to turn mills and other machinery, and not with an intent to injure the plaintiff. Demurrer and joinder.

The cause was argued at a former term by Browne for the defendant, and at this term by Nash for the plaintiff.…