City of Elberton v. Hobbs
Supreme Court of Georgia
Injunction. Before Judge Holden. Elbert superior court. October 20, 1904. It being the purpose of the City of Elberton, for general waterworks and sewerage, to divert water from Beaver Dam creek, a non-navigable stream, some miles from the city limits and at a point above the plaintiff’s mill property situated upon that creek* she prayed for an injunction to prevent such appropriation.
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Injunction. Before Judge Holden. Elbert superior court. October 20, 1904. It being the purpose of the City of Elberton, for general waterworks and sewerage, to divert water from Beaver Dam creek, a non-navigable stream, some miles from the city limits and at a point above the plaintiff’s mill property situated upon that creek* she prayed for an injunction to prevent such appropriation. She alleged, that this creek was the only source of supplying water to her mill and ginnery, and was necessary to their maintenance and operation ; that the city was proceeding without lawful authority, without…
1Opinion of the CourtEish, P. J.
1. A municipality which buys a piece of land, on a non-navigable-stream several miles distant from its corporate limits, does not thereby become entitled as riparian owner to take from the stream a supply of water for the inhabitants of the city. Stein v. Burden, 24 Ala. 130 ; City of Emporia v. Soden, 25 Kan. 588, 606 ; Sparks Mfg. Co. v. Newton, 57 N. J. Eq. 367, s. c. 60 N. J. Eq. 399; 1 Earnham on Waters and Water Rights, § 137.
2. The right of the owner of land through which a non-navigable stream flows to have its waters come to his land in the natural and usual flow is. inseparably…
2Cases cited6 opinions
- City of Emporia v. SodenSupreme Court of Kansas · 1881
- Stein v. BurdenSupreme Court of Alabama · 1854
- Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.Supreme Court of Georgia · 1903
- Burden v. SteinSupreme Court of Alabama · 1855
- Pine v. Mayor of New YorkU.S. Circuit Court for the District of Southern New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
- Howard v. County of BibbSupreme Court of Georgia · 1907
- Southern Railway Co. v. MillerCourt of Appeals of Georgia · 1956
- City of Elberton v. Pearle Cotton MillsSupreme Court of Georgia · 1905
- Vickers v. City of FitzgeraldSupreme Court of Georgia · 1960
7 more not listed; retrieve them via the Exa API.