Roberts v. Georgia Railway & Power Co.
Supreme Court of Georgia
Certiorari; from Court of Appeals. 24 Ga. App. 664. Vickery’s Creek, known also as “ Big Creek,” is a tributary to the Chattahoochee River, and approaches the river at the town of Roswell from the north side. The Laurel Mills Manufacturing Company owned several tracts of land forming one body 'at and near the confluence of the two streams. This body of land bordered the river above and below the mouth of the creek and included the bed of the latter stream.
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Certiorari; from Court of Appeals. 24 Ga. App. 664. Vickery’s Creek, known also as “ Big Creek,” is a tributary to the Chattahoochee River, and approaches the river at the town of Roswell from the north side. The Laurel Mills Manufacturing Company owned several tracts of land forming one body 'at and near the confluence of the two streams. This body of land bordered the river above and below the mouth of the creek and included the bed of the latter stream. On this land was a water-power supplied by waters from the creek. In 1862 the Laurel Mills Manufacturing Company developed the water-power…
1Opinion of the CourtAtkinson, J.
As shown by the allegations of the petition, the action is based on continuance of a nuisance created by the defendant’s grantor in 1902. There is no allegation that the defendant made any change in the dam after its purchase. The evidence as to occasional use of certain flash-boards on top of the dam did not show a change in the use of the dam, because the deed to the defendant shows that the flash-boards constituted a part of the dam at the time of its purchase. Such being its character, the case is not one for application of the ruling in Middlebrooks v. Mayne, 96 Ga. 449 (23 S. E. 398),…
2Cases cited6 opinions
- Bonner v. WelbornSupreme Court of Georgia · 1849
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
- Central Railroad v. EnglishSupreme Court of Georgia · 1884
- Western & Atlantic Railroad v. CoxSupreme Court of Georgia · 1894
- Blackstock v. Southern Railway Co.Supreme Court of Georgia · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kilmer v. WhiteNew York Court of Appeals · 1930
- Roughton v. THIELE KAOLIN COMPANYSupreme Court of Georgia · 1953
- Georgia Power Co. v. MooreCourt of Appeals of Georgia · 1933
- Savannah Electric & Power Co. v. HortonCourt of Appeals of Georgia · 1932
- MacKo v. City of LawrencevilleCourt of Appeals of Georgia · 1998
4 more not listed; retrieve them via the Exa API.