Grant v. Kuglar
Supreme Court of Georgia
"Water and water-courses. Torts. Damages. Before Judge Boynton. Henry superior court. April term 1888. B. W. Grant sued L. A. Euglar, alleging as follows: Grant owned certain land, and Euglar owned an adjoining tract. A stream of water flowed through both tracts, Euglar’s land being higher up the stream than Grant’s.
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"Water and water-courses. Torts. Damages. Before Judge Boynton. Henry superior court. April term 1888. B. W. Grant sued L. A. Euglar, alleging as follows: Grant owned certain land, and Euglar owned an adjoining tract. A stream of water flowed through both tracts, Euglar’s land being higher up the stream than Grant’s. On Euglar’s land was a considerable fall, and in the bed of the stream a natural ledge of rock, which obstructed the stream and formed a complete protection to Grant’s land from overflow'- of water and sand. In the latter part of 1883, and early in 1884, Euglar caused the ledge…
1Opinion of the Court
Bleckley, Chief Justice.
The principle upon which we rule this case is, that water having a time relation, as well as a space relation, both of them being fixed by nature, there is no more right in an adjacent proprietor to alter the one than the other. If the time relation of the stream is so altered that the effect of the water upon the lower tract is injuriously different from what it was by the natural flow of the stream, then a wrong has been done to the proprietor of the lower tract. "We think that the owner of water has no more right artificially to project it forward on another man’s…
2Cited by10 opinions
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- Horton v. FultonSupreme Court of Georgia · 1908
- Baldwin Processing Co. v. Georgia Power Co.Court of Appeals of Georgia · 1965
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