Cobia v. Ellis
Supreme Court of Alabama
Appeal from Cherokee Chancery Court. I-Ieard before Hon, W. W. Whiteside. The facts made by tlie bill are that the complainant, Ellis, owned land just above lands owned by respondent Cobia on the Chattooga river, in Cherokee county; that Cobia operated a sawmill for some years by means of a dam across the river of four feet head; that some years later, and within three or four years of the filing of the bill, the' height of the dam has been increased to seven feet, causing…
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Appeal from Cherokee Chancery Court. I-Ieard before Hon, W. W. Whiteside. The facts made by tlie bill are that the complainant, Ellis, owned land just above lands owned by respondent Cobia on the Chattooga river, in Cherokee county; that Cobia operated a sawmill for some years by means of a dam across the river of four feet head; that some years later, and within three or four years of the filing of the bill, the' height of the dam has been increased to seven feet, causing the river at time of high water to- overflow lands belonging to Ellis, and that this is constantly recurring at such…
1Opinion of the Court
HARALSON, J. —
The bill in this case was filed to abate a nuisance, alleged to have been caused by an increase in the height of a dam erected by the defendant across the Chattooga river, resulting, “at high tide,” in an overflow of the lands of complainant, and of the public road between them; and for damages caused by said overflow'.
The defendant demurred to the bill, and moved to dismiss it for want of equity, and from a decree overruling the demurrers and motion to dismiss, this appeal is taken.
*111The hill avers “that at high tide of said river said waters are thrown back over the lands of…
2Cases cited6 opinions
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Clifton Iron Co. v. DyeSupreme Court of Alabama · 1888
- Wright & Rice v. MooreSupreme Court of Alabama · 1863
- Farris v. DudleySupreme Court of Alabama · 1884
- Roberts v. VestSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Law v. Gulf States Steel Co.Supreme Court of Alabama · 1934
- McCary v. McLendonSupreme Court of Alabama · 1915
- Town of York v. McAlpinSupreme Court of Alabama · 1936
- Water Works & Sewer Board v. Inland Lake Investments, LLCSupreme Court of Alabama · 2009