Hendrick v. Johnson
Supreme Court of Alabama
On a writ of error to the Circuit Court of Dallas county. Barnard Johnson declared in two counts, against William Hendrick, in the action of trespass on the case, to recover damages for a nuisance.
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On a writ of error to the Circuit Court of Dallas county. Barnard Johnson declared in two counts, against William Hendrick, in the action of trespass on the case, to recover damages for a nuisance. The declaration stated, that the plaintiff, being in the lawful possession of a certain saw mill, situated upon a stream, the right to the current of which he also possessed, the defendant theretofore, to wit, on the first of February, eighteen hundred and thirty-four, wrongfully and maliciously did build, erect and set up, upon and across said creek, a certain dam, whereby the water in said creek…
1Opinion of the CourtGoldthwaite, J.
This is an action on the case for obstructing Johnson, (the plaintiff below,) in the use and enjoyment of a mill, owned by him, *210and situate in Dallas county. The obstruction complained of, was caused by damming up the stream on which Johnson’s mill was placed, and forcing the water back on the wheels and machinery.
The action was commenced on the first of April, eighteen hundred and thirty-four, and tried on an issue formed on the plea of not guilty, at the Spring term, eighteen hundred and thirty-five, of the Circuit Court of Dallas county, when a verdict was found, and judgment rendered for…
2Cited by4 opinions
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
- Hendricks v. JohnsonSupreme Court of Alabama · 1838
- Mohney v. CookSupreme Court of Pennsylvania · 1855
- Stein v. AshbySupreme Court of Alabama · 1857