Legal Opinion

Costley v. Long

Court of Appeals of Georgia

Decided November 29, 1965No. 41582PublishedCited by 2 opinions

1Opinion of the Court

Pannell, Judge.

1. “There can be no doubt as to the right of a landowner to divert or change the course of a stream flowing through his land, provided he returns it to its original or natural channel before it reaches the land of the lower owner.” 56 Am. Jur. 504, Waters, § 14. See also 12 ALR 187; 36 LRA (NS) 1158; 41 LRA 743; LRA 1916F 1292. “Accordingly, one who changes the course of a stream must do so in such manner as not to' injure, or unduly interfere with the rights of, the adjoining proprietor, either above or below, or on the opposite side of the stream. Thus, he must not, by…

2Cases cited15 opinions

  1. Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
  2. Danielly v. CheevesSupreme Court of Georgia · 1894
  3. Bullard v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1924
  4. Hodges v. Pine Product Co.Supreme Court of Georgia · 1910
  5. Hudson v. StateCourt of Appeals of Georgia · 1963

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3Cited by2 opinions

  1. Ray Jones, Inc. v. CowanCourt of Appeals of Georgia · 1976
  2. Wright v. LovettCourt of Appeals of Georgia · 1974

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