Roughton v. THIELE KAOLIN COMPANY

Almand, Justice.

Hubert L. Roughton brought an action against Thiele Kaolin Company for damages and injunctive relief, claiming that the defendant, as an upper riparian owner, was polluting a stream of water flowing over the plaintiff’s property, thereby creating a continuing nuisance, to the damage and injury of the plaintiff. This court, in Roughton v. Thiele Kaolin Co., 209 Ga. 577 (74 S. E. 2d 844), held that the petition stated a cause of action for damages and injunctive relief. On March 27, 1953, on a hearing of the prayer for an interlocutory injunction, the court, after the…