Whelchel v. Gainesville & Dahlonega Electric Railway Co.
Supreme Court of Georgia
Equitable petition. Before Judge Estes. Hall superior court. August 30, 1902. The petition alleges, in brief, that the plaintiff, for the purpose of generating electric power, by means of water-power; for the operation of its railway, has bought and is absolute owner of a certain acre of land on the west bank of the Chestatee river, in lot number 279 (described), with the right to erect on and across the river, adjacent to said acre and attaching to it, a dam of whatever…
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Equitable petition. Before Judge Estes. Hall superior court. August 30, 1902. The petition alleges, in brief, that the plaintiff, for the purpose of generating electric power, by means of water-power; for the operation of its railway, has bought and is absolute owner of a certain acre of land on the west bank of the Chestatee river, in lot number 279 (described), with the right to erect on and across the river, adjacent to said acre and attaching to it, a dam of whatever kind and height desired, with all necessary rights and privileges for doing so also lot 160 (described), on the opposite…
1Opinion of the CourtAdams, J.
The defendant in the court below, who is the plaintiff in error here, claimed a prescriptive right to maintain a mill-dam. attached to the’land claimed by the plaintiff. The plaintiff obtained a verdict and judgment perpetually enjoining the defendant from maintaining his dam at that place, and this bill of exceptions is filed to the judgment of the court below overruling the defendant’s motion for a new trial.
Several objections to the admission of evidence,.made in the motion for a new trial, can not be considered by this court, because the rule of practice indicated' in the first headnote…
2Cases cited1 opinion
- Baker v. McGuireSupreme Court of Georgia · 1874
3Cited by15 opinions
- Glaze v. StateCourt of Appeals of Georgia · 1907
- Mitchell v. Schofield's Sons Co.Court of Appeals of Georgia · 1915
- Ehrlich v. MillsSupreme Court of Georgia · 1948
- Hogan v. CowartSupreme Court of Georgia · 1936
- Hill v. HillCourt of Appeals of Georgia · 1937
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