Tennessee Electric Power Co. v. White County

MOORMAN, Circuit Judge.

In 1916, the Tennessee Power Company petitioned White and Van Burén counties, the appellees, for permission to erect a dam to a height of forty feet above low-water mark in Caney Pork river, the dividing line between the two counties. As the erection and maintenance of the dam would cause the waters in the river and its tributaries to flood certain bridges and fords which the counties maintained, the power company proposed to erect and maintain adequate bridges at such places in accordance with plans filed with its petitions. The proposals were accepted by the two…