Stein v. Burden
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before the Hon. Alex. McKinstry. The material facts of this case, as embodied in the opinion of the court, are the following : “ This was an action by a riparian proprietor, owning lands on both sides of Three-mile creek, near Mobile, to recover damages for defendant’s diversion of water from said creek, at a point above the lands of plaintiff, to the alleged detriment of plaintiff and his mill-interest on said creek.
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Appeal from tbe City Court of Mobile. Tried before the Hon. Alex. McKinstry. The material facts of this case, as embodied in the opinion of the court, are the following : “ This was an action by a riparian proprietor, owning lands on both sides of Three-mile creek, near Mobile, to recover damages for defendant’s diversion of water from said creek, at a point above the lands of plaintiff, to the alleged detriment of plaintiff and his mill-interest on said creek. The complaint alleges that, on the 20th November, 1851, and on divers other days and times between that time and the filing of the…
1Opinion of the CourtStone, J.
(After stating the facts above set forth.) It will be observed that we have made no distinction between the water which Stein attempted to restore to the creek by his return ditch, and that portion which entered his pipes to be consumed in Mobile. No question was raised in reference to the latter.
The entire question in the case resolves itself into the inquiry, what property has a riparian proprietor in the water which flows through or by his land ? “ He has no property in the water itself, but a simple usufruct while it passes along.” Aqua currit, et debet currere. — 3 Kent’s Com. 439. He…
2Cases cited12 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Stein v. BurdenSupreme Court of Alabama · 1854
- Arnold v. FootNew York Supreme Court · 1834
- Colburn v. RichardsMassachusetts Supreme Judicial Court · 1816
- Burden v. SteinSupreme Court of Alabama · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Crabtree v. BakerSupreme Court of Alabama · 1883
- Ulbricht v. Eufaula Water Co.Supreme Court of Alabama · 1888
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
15 more not listed; retrieve them via the Exa API.