Rome Railway & Light Co. v. Loeb
Supreme Court of Georgia
Equitable petition. Before Judge Maddox. Floyd superior court. September 27, 1912. Mrs. Stella Cohen Loeb brought her equitable petition against the Rome Railway and Light Company; and the agreed statement of facts made substantially the following case: The plaintiff is the daughter of Joseph J. Cohen, and is the owner and in full and undisputed possession of about twenty acres of land lying on the south bank of the Etowah river, opposite the main portion of the City of…
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Equitable petition. Before Judge Maddox. Floyd superior court. September 27, 1912. Mrs. Stella Cohen Loeb brought her equitable petition against the Rome Railway and Light Company; and the agreed statement of facts made substantially the following case: The plaintiff is the daughter of Joseph J. Cohen, and is the owner and in full and undisputed possession of about twenty acres of land lying on the south bank of the Etowah river, opposite the main portion of the City of Rome, which lies on the north bank. Through this land flows a stream known as Silver créek, which, in its descent to the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The court held, in effect, that the defendant had no riparian rights in the water of the mill-pond. Both the plaintiff and the defendant claim title to their respective tracts of land from a common source. The plaintiff claims title to 16.3 acres of land, upon which is situated a mill-pond, with the privilege contained in the grant of backing water as far as a dam thirteen feet in height would back it, and also the grant of “mill privileges.” At the time of filing the suit the mill was not in operation, the mill-house having been burned; but the dam and…
2Cases cited2 opinions
- Price v. High Shoals Manufacturing Co.Supreme Court of Georgia · 1909
- Whitney v. Wheeler Cotton MillsMassachusetts Supreme Judicial Court · 1890
3Cited by5 opinions
- Thompson v. TennysonSupreme Court of Georgia · 1919
- Pyle v. GilbertSupreme Court of Georgia · 1980
- Moulton v. Bunting McWilliams Post No. 658, Veterans of Foreign WarsSupreme Court of Georgia · 1958
- Moulton v. Bunting McWilliams Post No. 658, Veterans of Foreign WarsSupreme Court of Georgia · 1958
- Squaw Island Freight Terminal Co. v. City of BuffaloNew York Court of Appeals · 1937