Towaliga Falls Power Co. v. McElroy
Supreme Court of Georgia
Injunction. Before Judge Beagan. Monroe superior court. October 10, 1905. Tbe Towaliga Falls Power Company is a corporation which owns and controls the water-power at High Falls, on the Towaliga river, in Monroe county, and lias there constructed its plant for generating electricity by water-power, to be used for lighting towns and cities and supplying motive power to street-car lines and serving the public generally.
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Injunction. Before Judge Beagan. Monroe superior court. October 10, 1905. Tbe Towaliga Falls Power Company is a corporation which owns and controls the water-power at High Falls, on the Towaliga river, in Monroe county, and lias there constructed its plant for generating electricity by water-power, to be used for lighting towns and cities and supplying motive power to street-car lines and serving the public generally. Under its charter it is given the right to exercise the power of eminent domain in acquiring rights of way or easements over and upon private property, so far as is necessary in…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) The deed from Watkins to Phinazee conveyed a narrow strip of land lying on the Towaliga river, and “also all the water privileges in all the land owned by W. F. Watkins in Towaliga Kiver,” with the stipulation that the grantor was “to hold the said W. H. Phinazee or his assigns harmless against any damage that might accrue by use of said water privileges.” The land and the easement conveyed by this deed by successive conveyances passed to the Towaliga Falls Power Co. Subsequently to the conveyance from Watkins to Phinazee, Watkins sold the remainder of his tract of…
2Cases cited2 opinions
- Smith v. ThayerMassachusetts Supreme Judicial Court · 1891
- Perkins Lumber Co. v. ThomasSupreme Court of Georgia · 1903
3Cited by2 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1914