Massachusetts Supreme Judicial Court September 9, 1880 (Clapp v. Herrick)

Gray, C. J.

The rulings and instructions at the trial were sufficiently favorable to the defendant.

1. The owner of a mill on a natural stream, who withholds or lets down the water in excessive quantities, beyond what is incident to the necessary or reasonable use and operation of his mill, is not protected by the mill acts, but is liable to an action

*296of tort at common law.