Ballard v. Struckman

Citations

• 123 Ill. 636
• 14 N.E. 682

Syllabus

<p>Overflowing- lands of another—hy a mill-dam—prescriptive right, after twenty years. Where the owner of a mill, and his grantors, have maintained a dam of a given height across a stream for over twenty years, and have exercised the uninterrupted enjoyment of the privilege to overflow the lands of another situated above such dam, such mill owner will have acquired a prescriptive right to maintain his dam at such height and overflow the lands above, and the upper land owner can not enjoin him from rebuilding such dam to the same height when washed out by a freshet.</p>