64 MAKING A FISHERY. 



the use of the water as it passes his land, he has (unless he 

 has acquired a prescriptive right as against them to do so) 

 no right to prejudicially affect the condition of the water so 

 as to sensibly injure other riparian owners, whether above 

 or below him." 



In the judge's opinion it was not necessary 

 that the pollution and consequent damage 

 should be caused by the introduction of some 

 extraneous subject, but the presence of an 

 excessive accumulation of mud by the defen- 

 dant's predecessors did not justify them lifting 

 their flood hatches, and so allowing it to be 

 carried down by the flow of water to the 

 plaintiff's stream below. 



Judge Holl, Q.C., in giving judgment for the 

 plaintiff, said : 



" Under those circumstances they ought to have mud- 

 panned it ; at any rate they ought not to have taken a course 

 which led to the mud being suddenly and in a body carried 

 down the stream, so as to pollute the water and destroy 

 the fish." 



It would appear that if a riparian owner is 

 bound to remove an excessive accumulation 

 of mud, and not send it down to the water 

 below, the same principle would apply to an 

 excessive accumulation of cut weeds, or of 

 any other substance calculated to injure 

 other riparian owners in the event of its 

 escaping. 

 Disposal of Granted, however, that this passing down of 



the weeds. 



