Liles v. Cawthorn
Mississippi Supreme Court
From the circuit court of Marshall county. Hon. Z. M. Stephens, Judge. The appellants were defendants in the court below, and the appellee was plaintiff there. W. N. Liles and N. W. Cawthorn each owned a water mill on Coldwater creek, in Marshall county, that of the former being about one mile the higher up stream.
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From the circuit court of Marshall county. Hon. Z. M. Stephens, Judge. The appellants were defendants in the court below, and the appellee was plaintiff there. W. N. Liles and N. W. Cawthorn each owned a water mill on Coldwater creek, in Marshall county, that of the former being about one mile the higher up stream. Liles complained to the board of supervisors that Cawthorn had dammed up the creek at the latter’s mill so as to cause the water to back up the Stream and injure the water power at his mill. The board ordered the appellant, Mullins, then sheriff of the county, to remove the dam,…
1Opinion of the CourtTerral, J.
The appellee, Cawthorn, plaintiff in the circuit court of Marshall county, sued Lyles and another in tort in the sum of five hundred dollars, and recovered -a judgment for fifty dollars. From that judgment Lyles appeals.
A motion to dismiss the appeal is made, and this raises the first question for decision.
The ground of action is based upon the entry by defendants below upon the lands of the plaintiff and the destruction of his milldam; to which wrong the defendants pleaded that one of them owned and operated a water mill and gin just above the water mill and gin of plaintiff upon Coldwater…
2Cited by6 opinions
- Georgia Pacific Corp. v. ArmstrongMississippi Supreme Court · 1984
- Lauck v. GilbertMississippi Supreme Court · 1965
- Board of Supervisors v. Carrier Lumber Co.Mississippi Supreme Court · 1912
- Palmer, Et Ux. v. MassengillMississippi Supreme Court · 1952
- Bobo v. YoungSupreme Court of Alabama · 1952
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