Graham v. Dahlonega Gold Mining Co.
Supreme Court of Georgia
Practice in Superior Court. Injunction. Trespass. Water-courses. Damages. Parties. Before Judge Estes. Lumpkin Superior Court. April Term, 1883. Graham filed his bill against the Dahlonega Gold Mining Company and the Etowah and Battle Branch Gold Mining Company, alleging, in brief, as follows: Complainant is the owner of certain lots in Lumpkin county of the value of $10,000.00, principally valuable for mining and mineral purposes, but also valuable for farming purposes.
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Practice in Superior Court. Injunction. Trespass. Water-courses. Damages. Parties. Before Judge Estes. Lumpkin Superior Court. April Term, 1883. Graham filed his bill against the Dahlonega Gold Mining Company and the Etowah and Battle Branch Gold Mining Company, alleging, in brief, as follows: Complainant is the owner of certain lots in Lumpkin county of the value of $10,000.00, principally valuable for mining and mineral purposes, but also valuable for farming purposes. Through these ,ands, from time immemorial, have flowed two branches or creeks in their natural channels, and the water and…
1Opinion of the Court
Hail, Justice.
This was a bill to restrain a trespass, which consisted in the continued and permanent diversion of a stream running through complainant’s land through a ditch opened by the defendants. The bill set forth that the damage *299occasioned by this diversion of the water was irreparable, in that it deprived him of its use for agricultural, domestic and mining purposes, there being valuable gold mines on the premises which he was unable to work or otherwise utilize for the want of this water thus diverted, used, and appropriated by the defendants. The insolvency of defendants was…
2Cases cited2 opinions
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- Peterson v. OrrSupreme Court of Georgia · 1853
3Cited by15 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Smith v. HancockSupreme Court of Georgia · 1926
- Lyons v. Planters' Loan & Savings BankSupreme Court of Georgia · 1890
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