Legal Opinion

Clifton Iron Co. v. Dye

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 34 opinions

Appeal from the Chancery Court of Talledaga. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 7th September, 1886, by James T. Dye, against the Clifton Iron Company, a private corporation; and sought to enjoin and restrain the defendant from so using the “washers” and other appliances connected with its smelting furnace at Ironaton, as to pollute the water of a small running stream, called the “Dry Fork of Cheka Creek,” which flows through…

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Appeal from the Chancery Court of Talledaga. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 7th September, 1886, by James T. Dye, against the Clifton Iron Company, a private corporation; and sought to enjoin and restrain the defendant from so using the “washers” and other appliances connected with its smelting furnace at Ironaton, as to pollute the water of a small running stream, called the “Dry Fork of Cheka Creek,” which flows through complainant’s lands below, and otherwise injuring it by the deposit of dirt and refuse materials. The chancellor overruled a…

1Opinion of the CourtStone, C. J.

We do not deem it necessary to decide whether the flowing of the dirt and other material from the washers of the appellant, upon the land of the appellee, entitles the latter to recover therefor. If it be conceded that it does, the question presented is, whether the injuries complained of, and damages inflicted and to accrue hereafter, are such as should call forth the extraordinary, restraining powers of a court of equity. It is shown that the Clifton Iron Company owns a valuable body of iron ore land at Ironaton, and for the purpose of converting this iron ore into pig iron the company has…

2Cases cited4 opinions

  1. Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
  2. Davis v. Sowell & Co.Supreme Court of Alabama · 1884
  3. McBryde v. SayreSupreme Court of Alabama · 1888
  4. Falk v. HechtSupreme Court of Alabama · 1883

3Cited by34 opinions

  1. Hodge v. JoySupreme Court of Alabama · 1921
  2. Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
  3. G., H. S.A. Ry. Co. v. DegroffTexas Supreme Court · 1909
  4. Hulbert v. California Etc. Cement Co.California Supreme Court · 1911
  5. Baldwin v. McClendonSupreme Court of Alabama · 1974

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