Franklin v. Pollard Mill Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Escambia. Heard before the Hon. John A. Foster. The bill in this case was filed on the 29th December, 1886, by Wiley B. Franklin, against the Pollard Mill Company, and the several persons alleged to be members of said company or partnership; and sought to restrain by injunction a diversion of the waters of a running stream, alleged to flow through the complainant’s lands.
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Appeal from the Chancery Court of Escambia. Heard before the Hon. John A. Foster. The bill in this case was filed on the 29th December, 1886, by Wiley B. Franklin, against the Pollard Mill Company, and the several persons alleged to be members of said company or partnership; and sought to restrain by injunction a diversion of the waters of a running stream, alleged to flow through the complainant’s lands. On final hearing on pleadings and proof, the chancellor dismissed the bill, and his decree is now assigned as error. The opinion states the material facts bearing on the points decided by…
1Opinion of the CourtSomerville, J.
The bill is filed by the appellant, Franklin, as a riparian proprietor, to enjoin the defendant from diverting the waters of a running stream from what is claimed to be its natural channel through his land. This diversion is produced by the cutting of a ditch, which conveys a large portion of the waters of two branches, or small streams, called McCurdy’s and Merritt’s branches, through an artificial channel, or ditch, to the mill-pond of the defendant corporation, the Pollard Mill Company. These streams flow into a lake, or bay, which embraces a considerable basin of water, being between…
2Cases cited9 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Ulbricht v. Eufaula Water Co.Supreme Court of Alabama · 1888
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Ware v. SwannSupreme Court of Alabama · 1885
- Alexander v. SaulsburySupreme Court of Alabama · 1861
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