
    ALLEGHENY COUNTY,
    March Term, 1797.
    William M'Laughlin v. George Thomson.
    THIS was an action of indebitatus assumsit, for work done, in digging a mill-race. The defence was, that the work was unskilfully done, contrary to the directions of the employer, much to his injury, and unfinished in depth. The plaintiff contended, that when a mill-race was to be dug any certain depth, in declining ground, its depth is to be measured by laying a board across the race, and measuring its depth from the middle of its width.
   President.

When it is agreed that a race be dug through declining ground, to be of a certain depth, this depth must be measured from the lower brink, and the bottom be made level, so that when there is an inch of water at the lower side, there shall be an inch every way across. A race three feet deep must be a race that will contain every where three feet depth of water.  