Hodges v. Town of Bluff City

MOORMAN, Circuit Judge.

The plaintiff, claiming to be the sole owner of the water rights to a spring known as the Underwood spring, brought this suit to enjoin the town of Bluff City, Tenn., from taking water from the spring for municipal purposes. The court below expressed doubt as to plaintiff’s title to the rights which she claimed, but passed the question and dismissed the bill, after bearing proofs, upon the ground that there was a failure to show such irreparable injury or damage as justified the granting of .an injunction. We look, first, to the claim of ownership of the water rights.

On…