This section contains the nature of the case and procedural background.

Evans (D) and Merriweather (P) each owned mills located on adjacent property along a stream. D was the owner of the upstream land and mill. Although the stream normally contained enough water to run both mills, one year there was a drought, and the stream no longer had sufficient water to run D's mill. D directed his employees to divert water into D's well, and the employees dammed the stream below D's mill to do so. This interfered with the operation of P's mill. P sued and obtained a money judgment. D appeals.

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