Lewis v. Bowen

Candler, Justice.

The plaintiffs in this litigation, as upper riparian owners, prayed for damages and for injunctive relief. Their petition, which was filed in the Superior Court of Bulloch County, alleged that the defendant had in specified particulars damaged their lands by the maintenance of a mill-dam which caused the waters of Scott’s Creek to back up and overflow its channel, thus causing the creek to flood their separately owned lands. There was no demurrer to the petition. Answering the complaint, the defendant denied the substantial allegations of the petition, and alleged that W. S.…