Saunders v. Bluefield Waterworks & Imp. Co.
U.S. Circuit Court for the District of Western Virginia
In Equity. Bill by Walter M. Saunders against the Bluefteld Waterworks & Improvement Company and others to enjoin the diversion or appropriation of the waters of a natural stream. Preliminary injunction made perpetual.
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In Equity. Bill by Walter M. Saunders against the Bluefteld Waterworks & Improvement Company and others to enjoin the diversion or appropriation of the waters of a natural stream. Preliminary injunction made perpetual. Statement hy PATIL, District Judge: On the 1st day of .Tune, 1892, the complainant presented his hill to the judge of the circuit court of Tazewell county, Va., and a preliminary in,¡ unction against the defendants was awarded, in accordance with the prayer of the bill; and on the iTth day of August, following, the suit was removed into-this court by the defendants. The…
1Opinion of the Court
PAUL, District Judge,
(after stating the facts.) The first question to be determined is as to the location of the spring, — whether it is in the state of Virginia or the state of West Virginia. This depends upon the ascertainment of the boundary line between the county of Tazewell, in the state of Virginia, and the county of Mercer, in the state of West Virginia, and the exact location of the spring with reference to this boundary line.
The county of Mercer was formed out of portions of the counties Giles and Tazewell, in (he state of Virginia, in 1837, and became a county in the state of West…
2Cases cited1 opinion
- Carpenter v. GoldSupreme Court of Virginia · 1892
3Cited by2 opinions
- City of Raymond v. Willapa Power Co.Washington Supreme Court · 1918
- Butler v. KansasDistrict Court, D. Massachusetts · 1898