City of Elberton v. Pearle Cotton Mills
Supreme Court of Georgia
Injunction. Before Judge Holden. Elbert superior court. March 3, 1905. The Pearle Cotton Mills, a corporation, as the owner of certain land through which flows a creek, and of a mill operated thereby, filed its petition against the City of Elberton and its mayor, seeking to enjoin the taking of water from the creek to supply the city, which it was alleged was about to be done at a point on the stream above the land of the plaintiff.
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Injunction. Before Judge Holden. Elbert superior court. March 3, 1905. The Pearle Cotton Mills, a corporation, as the owner of certain land through which flows a creek, and of a mill operated thereby, filed its petition against the City of Elberton and its mayor, seeking to enjoin the taking of water from the creek to supply the city, which it was alleged was about to be done at a point on the stream above the land of the plaintiff. Resulting damage to its property was alleged. Defendants admitted the intention to .use water from the stream, but denied that any injury would result to the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1, 2. While it is true that upon proper application, made in due time, equity will enjoin a municipal corporation from taking a water supply from a stream, in violation of the rights of a riparian owner further down such stream, and to his damage (City of Elberton v. Hobbs, 121 Ga. 749, 750); nevertheless the complaining owner must act with reasonable promptness. If he waits until the municipal corporation has sold bonds, bought land bordering upon the stream at a point above his property for the purpose of constructing waterworks and using water from the stream,…
2Cases cited9 opinions
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- Southwestern Railroad v. MitchellSupreme Court of Georgia · 1882
- Guarantee Co. of North America v. East Rome Town Co.Supreme Court of Georgia · 1895
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