Moore v. Walker
Supreme Court of Alabama
Appeal from Circuit Court, Fayette County ; H. B. Foster, Judge. Bill by P: M. Walker and another against J. D. Moore for an injunction. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtMayfield, J.
This is a bill by appellees filed against appellant to enjoin the change in the natural flow of a stream of water coursing the lands of both parties. The bill seeks to enforce the right of the owners, to have water which flows through their land to continue to flow in Its accustomed channels, and natural volume and purity.
The rule sought to be invoked has, of course, its limitations or exceptions, in certain cases, which are unnecessary to mention or discuss in this opinion. See Alabama Coast Line Railroad Co. v. Woolfolk, 178 Ala. 193, 59 South. 633; Killian’s Case, 175 Ala. 232, 233, 57…
2Cases cited8 opinions
- Roanoke Guano Co. v. SaundersSupreme Court of Alabama · 1911
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1911
- Savage v. SmithSupreme Court of Alabama · 1902
- Walshe v. Dwight Mfg. Co.Supreme Court of Alabama · 1912
- Lindsey v. Southern Ry. Co.Supreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chrisman v. BrooksSupreme Court of Alabama · 1973
- City of Roanoke v. JohnsonSupreme Court of Alabama · 1934
- Farmers Ginners Cotton Oil Company v. HoganSupreme Court of Alabama · 1957
- Empire Guano Co. v. EllisAlabama Court of Appeals · 1923
- United Steel Workers Union, Afl-Cio v. ManleySupreme Court of Alabama · 1957
2 more not listed; retrieve them via the Exa API.