Kirk v. Providence Mill Co., 279 U.S. 807 (1929)

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Kirk v. The Providence Mill Company

No. 675

Argued April 26, 1929
Decided June 3, 1929
279 U.S. 807

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

A grant of the right to use surplus water from a state canal held subject to the right of the state to abandon the canal and devote it to other purposes, on the authority of Kirk v. Maumee Valley Co., ante p. 797. P. 809.

Reversed.

Appeal from a final decree of the district court of three judges enjoining the appellants from interfering with the flows of water in part of a canal in such manner as to infringe certain water rights claimed by the appellee.