Issue 23 and Volume 23.

WHAT IS A FLOWING WELL? THE following decision is interesting to water works men. It was delivered by the Third Appellate division of this State, and seems to clear up what might otherwise be a doubtful point in the minds of those concerned in the business of drilling wells. Barzelle M. Strong entered into a written contract with Cyrus Waters by which he agreed “to drill a well for the party of the second part at $2.50 a foot, and furnish pipe for pump without charge, and is to be relieved from all responsibiity when he stops drilling; in case of a flowing well, to be $2 per foot.” In an action brought by the former against the latter to recover under the contract, it ap* peared that plaintiff drilled a distance of ninety feet. At a distance of twenty-three feet to the rock and fourteen feet into the rock,…

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