Jarvis v. Seele Milling Co.

This is an action of trespass, begun in the circuit court of Madison county by appellant, against appellee. The declaration alleges, first, that defendant, the Seele Milling Company, by means of a dam, caused water from a mill-pond to back upon and overflow certain lands of plaintiff; and second, that defendant, in re-constructing an old dam, raised it higher than before, causing' the water to overflow more of plaintiff’s land than formerly. Defendant pleaded the general issue, and by stipulation all matters relevant as a defense were to be introduced in evidence under that plea. By agreement…