
    PHILIPS vs. STOCKET.
    Injunction against building a mill will be granted, if it appear that the complainant will be injured thereby.
    A bill in equity was exhibited to the court for the purpose of obtaining an injunction against the building of a mill, by which means it would overflow the plaintiff's lands above. The defendant owned the land on both sides of the water course.
    It was doubtful with Overton, J. whether it should be granted, as it appeared that the overflowing would do very little, if any injury. It is a principle of law that every man must so use his own property, as not to injure another.
    It will however be recollected, that mills are a public benefit, and we should not therefore discourage the building them. In such cases where the damage is minute, I should be inclined to leave the parties to their remedies at law, summum jus is never favored in this court. There should be some material probable injury to authorise this court to interfere.
    
      
       Co. Lit. 200, b. 4 Mass Rep. 576. 3 Cain's Rep. 307. 4 Dall. 211.
    
   White, J.

There can be no distinction between smaller and larger injuries. If the erection of the dam overflow any of the complainant’s lands. though ever so little, the defendant ought to be restrained.

Overton, J.

consented that an injunction might issue, and upon the coming in of the answer, the court would be better able to decide. Afterwards, upon the answer being filed the injunction was dissolved. 
      
       At May term, 1809, on its being made appear that the plaintiff's lands were overflowed, the court decreed that the defendant should reduce the height of his dam, so as to permit the water within the bounds of the plaintiff's land, to run without obstruction in its usual course. The counsel cited the following authorities-1 Vez. jr. 140. 1 Vez. 543, 1 B C. .C. 574. 3 Atk. 726. 2 Ver. 356.
     