Lane v. Newdigate

32 Eng.Rep.818 (1804)

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Nature of the Case

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Facts

P was the assignee of a lease that was granted by D. The purpose of the lease was to erect mills and other buildings. There were covenants for the supply of water from the canals and reservoirs on D’s estates. D reserved the right of working and using his then or future collieries for the passage of his boats or otherwise but those liberties and interests were to be subordinate to P’s uses. P filed a bill that prayed that D be required to use and manage the waters of the canals in such a manner as not to injure P. A series of specific reliefs were prayed for with respect to specific canals and waterways and the repair of gates, bridges, canals, and towing paths and to pay the expense of a steam engine that P had to put to use to supply water.