In  the  early  part  of  July,  1842^  there  was  a  very  heavy
rain,  and  the  quantity  of  water,  that  flowed  down  the
main  ditches  from  the  defendant's  land,  besides  that
which  ran  into  them  from  the  plaintiff's  own  land,  was
so  great  as  to  become  ponded  at  the  lower  end  of  the
ditch,  at  the  swamp,  and  to  flow  over  the  banks  of  the
ditch  and  cover  several  acres  of  the  plaintiff's  land ;  and
in  August  following,  a  similar  occurrence  happened.  On
the  nth  of  July,  1843,  the  plaintiff  gave  the  defendant
notice,  that,  after  the  1st  of  January,  1843,  he  would  re-
sort to  measures  to  protect  his  lands  against  the  water,
by  which  they  were  flooded  by  the  two  ditches,  running
from  the  defendant's  farm,  and  that  he  should  hold  the


192  SUPREME  COURT.
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Cuter  Vm  Pag«*

defendant  responsible  for  such  damages,  as  he  had  sus-
tained or  might  suffer  in  consequence  of  such  flooding.
During  December  1842,  and  January  and  February
1843,  the  defendant  cleared  fifty  acres  more  of  his  land,
and  dug  ditches  through  the  same,  so  as  to  turn  the
streams  and  water  falling  thereon,  and  cause  them  also
to  flow  from  bis  land  into  the  ditches  through  the  plain •
tiQ*'s  land ;  and  at  the  same  time  he  cleared  out  the
ditches,  that  he  had  before  made,  as  above  mentioned,  so
as  to  increase  considerably  the  quantity  of  water  flowing
from  his,  on  the  plaintiff^s  land.
