Bayzer & Shepherd v. McMillan Mill Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. This was an action brought by the appellants, Bayzer & Shepherd, against the appellee, the McMillan Mill. Company. The complaint seeks a recovery of damages from the-defendant, for having obstructed Pigeon Creek, a fresh water stream, running through portions of Butler, Covington and Conecuh counties in this State, and emptying, as the proof shows, into Sepulga river.
Read the full summary
Appeal from tbe Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. This was an action brought by the appellants, Bayzer & Shepherd, against the appellee, the McMillan Mill. Company. The complaint seeks a recovery of damages from the-defendant, for having obstructed Pigeon Creek, a fresh water stream, running through portions of Butler, Covington and Conecuh counties in this State, and emptying, as the proof shows, into Sepulga river. It is alleged, and the cause of damage is rested upon the fact, that said creek was, at the time of the damage complained of, and for many years…
1Opinion of the CourtHaralson, J.
The question as to what constitutes a navigable stream, as contradistinguished from a private one, has from an early day been the subject of many decisions of this court. This stream is above tide water. In det-erming the navigability of such streams, the test is to be found in their navigable capacity. As was said in The Daniel Ball, 10 Wall. 557, “Those rivers must be regarded as public, navigable rivers in law, ■ which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which…
2Cases cited9 opinions
- The Daniel BallSupreme Court of the United States · 1871
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Bullock v. WilsonSupreme Court of Alabama · 1835
- Lewis v. Coffee CountySupreme Court of Alabama · 1884
- Sullivan v. SpotswoodSupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Porter v. MartinSupreme Court of Alabama · 1903
- Street v. StreetSupreme Court of Alabama · 1896
- Miller v. StateTennessee Supreme Court · 1910
- M. C.C. of Havre De Grace v. HarlowCourt of Appeals of Maryland · 1916
- Bissel v. OlsonNorth Dakota Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.