As already stated, rights in water which has been brought upon land by artificial means differ in many respects from the rights which we have been discussing.162 For instance, an artificial water course cannot be established without the consent of the lower proprietor.163 But when such a water course has been established, no right is acquired to have it continued,164 though it must not be
N. Y. 140; Lessard v. Stram, 62 Wis. 112, 22 N. W. 284; Abbott v. Railway Co., 83 Mo. 271; Hill v. Railroad Co., 109 Ind. 511, 10 N. E. 410.
156 Parks v. Newburyport, 10 Gray (Mass.) 28; Barkley v. Wilcox, 8G N. Y. 140.
157 Noonan v. Albany, 79 N. Y. 470; Curtis v. Railroad Co., 98 Mass. 428; Hogenson v. Railway Co., 31 Minn. 224, 17 N. W. 374; Hurdman v. Railway Co., 3 C. P. Div. 168. When by the operation of pumps more water Is discharged upon the land of a lower proprietor than would flow there naturally, the upper proprietor is liable for any damage which he could have prevented at a reasonable cost Pfeiffer v. Brown, 165 Pa. St. 267, 30 Atl 844.
158 Mccormlck v. Horan, 81 N. Y. 86; Waffle v. Railroad Co., 53 N. Y. 11; Peck v. Herrington, 109 111. 611; Jackman v. Arlington Mills, 137 Mass. 277.
159 Bowlsby v. Speer, 31 N. J. Law, 351; Broadbent v. Ramsbotham, 11 Exch. G02.
160 Neale v. Seeley, 47 Barb. (N. Y.) 314. Cf. Billows v. Sackett, 15 Barb. (N. Y.) 96; Harvey v. Walters, L. R. 8 C. P. 162.
161 Neale v. Seeley, 47 Barb. (N. Y.) 314.
162 Ante, p. 368.
163 Norton v. Volentine, 14 Vt. 239.
164 Norton v. Volentine, 14 Vt 239; Wood v. Waud, 8 Exch. 748; Greatrex v. Hay ward, 8 Exch. 291; Arkwright v. Gell, 5 Mees. & W. 203; Brymbo Water Co. v. Lesters Lime Co., 8 Reports, 329. But such a right may be acquired by prescription. Cole v. Bradbury, 86 Me. 380, 29 Atl. 1097.
§ 233) maliciously fouled by the one establishing it.165 The right to lay water pipes across another's land is an easement,166 and carries with it the right to enter on such land to repair the pipes.167