Tallassee Power Co. v. Clark

SIMONS, Circuit Judge.

The suit below was originally instituted by the appellees in the state court, but was removed to the United States District Court when upon dismissal as against a resident defendant diversity of citizenship first appeared.

The plaintiffs sought damages for injury to farm lands on an island in the Little Tennessee river in Monroe county, Tenn., alleged to have been caused by the defendant’s' dams in North Carolina constructed in the river for the generation of energy in the defendant’s hydro-electric plants in that state. The declaration was in two counts, the first…