Loughbridge v. Harris
Supreme Court of Georgia
Private Property for Public Use. Mills. Before Judge Parrott. Murray Superior Court. May Term, 1870. Harris sued Loughbridge for backing the Conasauga River upon his land.
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Private Property for Public Use. Mills. Before Judge Parrott. Murray Superior Court. May Term, 1870. Harris sued Loughbridge for backing the Conasauga River upon his land. Loughbridge pleaded that he owned land on both sides of the river below Harris, was erecting a mill-dam, which rendered such overflow necessary, that Harris refused to have his damages appraised as pi'ovided by Act of 19th of March, 1869, when he proceeded to have it done as therein provided, tendered Harris the amount assessed and he refused to accept it, and that he was ever ready to pay said amount. Upon demurrer, the…
1Opinion of the CourtLochrane, C. J.
This was an action on the case brought by Harris for the overflow of water upon his land, caused by the mill-dam erected by Loughbridge. When the case came on for trial, the Judge below sustained the demurrer to the plea filed by the defendant, under the Act of 1869, in bar of the action. There is no question as to the merits of the case before us.
The naked question is the construction of the Act of 1869. That Act is entitled “An Act to encourage and protect the building of mills and other manufacturing establishments in this State.” This Act provides that the provisions of the fourth section…
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