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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 501   View pdf image (33K)
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CARLISLE VS. STEVENSON. 601
erected a saw-Bull on his lower place far to the west of said
stream, and his dwelling and barn-yard also being situated to
the north, and aloof from said stream, and several of his lower
meadows and fields being thus located, and requiring occa-
sional watering by artificial means, he stopped the said stream
at the western verge of what is now complainant's upper farm,
and, by a race or ditch of proper depth, led off the water with
the aid of a partial dam across the stream, to the north end,
by a very tortuous track, at varying distances from the bed of
the stream, and conducted it through complainant's two farina,
with a destination to the mill and dry fields, and dwelling and
barn-yard aforesaid. That said Samuel^ in his lifetime, ope-
rated said mill, and irrigated his lower fields, as occasion re-
quired, with the waters through this race. That complainant
possesses twenty or thirty acres of valuable meadow land below
and south of this race, and between its track and the bed of
said stream, which, from its descending and depressed condi-
tion, is liable to be overflowed, and its crop drowned by the
waters escaping and making therefrom, unless its lower or
southern embankments are kept in repair, its bed cleared out,
and its current kept up. That two suits at law were instituted
in Baltimore County Court, in which complainant and said
Stevenson were alternately plaintiff and defendant, the object
of both of which was to ascertain and settle the respective
rights and privileges of himself and defendant in relation to
said race and its waters, and the mode of conducting them
through their meadows, and it was adjudged, after much inves-
tigation and argument, that by the true construction of the
will of said Samuel Owings, said Stevenson had a right to the
use of the- water conveyed in the race, for the purposes for
which the testator had used it, and was bound so to conduct it
through complainant's lands in the channel of said race, and
with such careful preservation of the grade and proper bed
and embankments thereof, as that complainant should in no
way be injured by leaks or floodings therefrom, and that it
was his right, and duty to enter upon complainant's lands with
his servants and teams and carts, for the purpose of clearing
VOL. III.—33

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 501   View pdf image (33K)
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