Stoner v. Patten
Supreme Court of Georgia
Injunction. Before Judge Wright. Floyd superior court. September 27, 1905. W. B. Stoner filed his petition against Z. C. Patten and Reuben Lusk, to enjoin the diversion of a certain stream of water.
Read the full summary
Injunction. Before Judge Wright. Floyd superior court. September 27, 1905. W. B. Stoner filed his petition against Z. C. Patten and Reuben Lusk, to enjoin the diversion of a certain stream of water. It appeared, from the allegations of the petition, that Stoner is the owner of a portion of lot No. 70 in the 9th district and 4th section of Walker county, Ga., and Mrs. Carrie Powell owns lot No. 71, on which is a spring, the waters from which flow down upon and through the property of petitioner, furnishing him and his tenants with a'never-failing water supply, which is used for domestic…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) Generally an underground stream of water may be diverted without liability to a proprietor whose land it might reach in its natural and ordinary course; yet, •where it has once emerged and afterwards sinks, if its exact course can be traced to where it emerges again, so as to render it certain that it is the same water, the proprietor of the surface at the latter point will be protected in its use, the same as if it were not a subterranean stream. Saddler v. Lee, 66 Ga. 45, construing the provisions of section 3019 of the Code of 1873, now embraced in the Civil…
2Cases cited3 opinions
- Saddler v. LeeSupreme Court of Georgia · 1880
- Morgan v. Baxter & Co.Supreme Court of Georgia · 1901
- Woodall v. Cartersville Mining & Manganese Co.Supreme Court of Georgia · 1898
3Cited by3 opinions
- Stoner v. PattenSupreme Court of Georgia · 1909
- Hart v. Lewis, Shore & Co.Supreme Court of Georgia · 1906
- Stewart & Brother v. Davis-Sears Lumber Co.Supreme Court of Georgia · 1909