Burden v. Mayor of Mobile
Supreme Court of Alabama
Error to tbe Circuit Court of Mobile. Tried before the Hon. L. GibboNS. This suit was commenced by Burden before a justice of the peace, to recover damages from the defendants for diverting the water from the plaintiff’s mill, the damages claimed in the warrant being less than twenty dollars. Judgment was rendered in favor of the plaintiff, and the defendants removed the case, by appeal, into the Circuit Court.
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Error to tbe Circuit Court of Mobile. Tried before the Hon. L. GibboNS. This suit was commenced by Burden before a justice of the peace, to recover damages from the defendants for diverting the water from the plaintiff’s mill, the damages claimed in the warrant being less than twenty dollars. Judgment was rendered in favor of the plaintiff, and the defendants removed the case, by appeal, into the Circuit Court. The plaintiff there filed a statement in writing, to Avhich the defendant demurred, and his demurrer was sustained. The plaintiff refused to amend his statement, though informed by the…
1Opinion of the CourtDargan, C. J.
— We think it very clear that the statement shows no cause of action; for, though it is alleged that the defendants turned and diverted large quantities of water from the plaintiff’s mill, it is not shown that he was injured *311thereby, or that by such diversion of the water, the quantity that continued to flow to the mill was insufficient, or that the mill was in anywise injured thereby. The authorities referred to by the defendant’s counsel fully show, that the water of a running stream may be diverted, if the quantity taken from the stream be not so great as to injure others who have a right…
2Cases cited1 opinion
- Hendricks v. JohnsonSupreme Court of Alabama · 1838
3Cited by1 opinion
- Ragland v. Wynn's Adm'rSupreme Court of Alabama · 1860