Alabama Consolidated Coal & Iron Co. v. Turner
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. O. K. Miller. Action for damages for taking water from a running stream, and polluting tbe stream.
Read the full summary
Appeal from Talladega City Court. Heard before Hon. O. K. Miller. Action for damages for taking water from a running stream, and polluting tbe stream. The complaint alleges after setting forth that plaintiff is the' owner of a tract of land and describing it, and that plaintiff has a mill and mill pond on said tract of land across and on Cheaha creek, that on said Cheaha creek, above plaintiff’s premises and near thereto, located in T. county, Ala., defendant has construed and is now operating a pumping station, whereby defendant has diverted and is now diverting large quantities of water…
1Opinion of the CourtHaralson, J.
The principles of law involved in the decision of this case have been the subject of repeated decisions in this and other courts.. We may refer to these, especially from our own court, as furnishing a guide for the determination of questions- presented.
*649In the old case of Stein v. Burden, 29 Ala. 127, 65 Am. Dec. 394, it was held, that a riparian proprietor has no property in the water itself which flows through his land, but a. simple usufruct while it passes along; that he may use the water passing through his land as he pleases, subject among other things to the condition, that after using…
2Cases cited13 opinions
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Stein v. BurdenSupreme Court of Alabama · 1854
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stouts Mountain Coal & Coke Co. v. BallardSupreme Court of Alabama · 1915
- Cove Properties, Inc. v. Walter Trent Marina, Inc.Court of Civil Appeals of Alabama · 1997
- Jones v. Tennessee Coal, Iron R. Co.Supreme Court of Alabama · 1918
- Sloss-S. S. & I. Co. v. MorganSupreme Court of Alabama · 1913
- Sloss-Sheffield Steel & Iron Co. v. WilsonSupreme Court of Alabama · 1913
7 more not listed; retrieve them via the Exa API.