Hendrick v. Cook
Supreme Court of Georgia
Trespass on the case. Tried before Judge Floyd, in Butts Superior Court, September Term, 1847. This was an action brought by the plaintiff against the defendants, for the recovery of damages for erecting a dam across a certain stream upon their own land, which raised the water in the natural channel of the stream, so as to throw it back upon a valuable mill-shoal above, and raise the water at that point some ten or eleven inches above its natural flow and current, and…
Read the full summary
Trespass on the case. Tried before Judge Floyd, in Butts Superior Court, September Term, 1847. This was an action brought by the plaintiff against the defendants, for the recovery of damages for erecting a dam across a certain stream upon their own land, which raised the water in the natural channel of the stream, so as to throw it back upon a valuable mill-shoal above, and raise the water at that point some ten or eleven inches above its natural flow and current, and thereby destroy its value for mill purposes, of which stream at the said mill-shoal, the plaintiff and defendants were…
1Opinion of the Court
By the Court
Warner, J.
delivering the opinion.
This was an action of trespass on the case, for backing the water in the Tussehaw Creek, by means of a dam erected by the defendants, whereby the plaintiff’s mill shoal was overflowed.
The plaintiff and the defendants are riparian proprietors, the plaintiff owning the land on one side of the Creek, and the de*254fend ants on the other side, where the shoal, alleged to have been overflowed, is located. The defendants erected a mill-dam on the Creek below the shoal, on their own land, they being the owners of the land on both sides of the Creek, at the…
2Cases cited1 opinion
- Platt v. Johnson & RootNew York Supreme Court · 1818
3Cited by22 opinions
- SONS OF CONFEDERATE VETERANS v. HENRY COUNTY BOARD OF COMMISSIONERS (Two Cases)Supreme Court of Georgia · 2022
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- Donaldson v. Great Atlantic & Pacific Tea Co.Supreme Court of Georgia · 1938
- Price v. High Shoals Manufacturing Co.Supreme Court of Georgia · 1909
- Bradley v. GodwinCourt of Appeals of Georgia · 1979
17 more not listed; retrieve them via the Exa API.