Sumner v. Foster

The plaintiffs having the subordinate right, it is incumbent on them to take notice when there is a deficiency of water, and if there was a deficiency when the defendant made his request, it was their duty to shut their gate ; but when the defendant undertakes to stop the passage of the water himself, he should remove the obstruction so soon as there is a supply sufficient for the use of both parties.

Judgment according to verdict.