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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 409   View pdf image (33K)
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LAMBORN VS. THE COVINGTON CO. 409
DANIEL LAMBORN
vs. JULY TERM, 1848.
THE COVINGTON CO. ET AL.
[INJURIES TO WATER COURSES—PRIVATE NUISANCES.]
NOTHING can be clearer than the power of this court to prohibit by injunction
the obstruction of water courses, the diversion of streams from mills, the
back flowage upon them, and injuries of the like kind, which, from their
nature, cannot be adequately compensated by damages at law.
In cases of private nuisances, the court would, after hearing the parties, be
authorized not only to interpose preventively, but may order them to be
abated.
[The bill in this case was filed on the 13th of June, 1848,
and alleges, that the complainant is the owner of a mill used
for the manufacture of paper, situated on Deep Run, which
forms part of the division line between Howard District and
Anne Arundel County: that the mill-dam is built across said
run, about 150 perches above the mill: that near the said dam,
and on the Anne Arundel side of said run, there lies a tract of
land in which are beds of iron ore, the property of the Coving-
ton Manufacturing Company; that said company, through its
agent, a certain Ezekiel Bell, and numerous workmen by him
employed, have, since the year 1845, been constantly, and still
are, engaged in raising iron ore from said land, and have con-
tinually deposited the offcast made by their excavations just be-
low the said mill-dam, and fn and upon said Deep Run, so that
the original channel of the same, has, for a long time been com-
pletely covered, and the water thereby back up against and below
said dam; that to give some vent to the waters of said run, the
said company caused a narrow trench to be dug about four
perches distant from complainant's mill-race, and parallel thereto,
which has been totally inadequate to carry off the flow of water
from which cause the water has been backed up against the
said mill-dam to the height of three or four feet, causing great
injury and obstruction to the complainant, and has already put
him to great expense in repairing said dam.
36

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 409   View pdf image (33K)
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