Blackman v. Mauldin
Supreme Court of Alabama
Appeal from Dale .Chancery Court. Heard before Hon. L. D. Gardner. ■ Bill by O. M. Mauldin against J; C. Blackman to enjoin the maintenance of a boom or. dam across a floatable stream, and for damages. Decree for complainant and respondent appeals.
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Appeal from Dale .Chancery Court. Heard before Hon. L. D. Gardner. ■ Bill by O. M. Mauldin against J; C. Blackman to enjoin the maintenance of a boom or. dam across a floatable stream, and for damages. Decree for complainant and respondent appeals. There is no sufficient allegation and no sufficient proof that the stream was a navigable stream, and this was necessary before the .plaintiff could maintain his. suit. — Lewis ' v. Coffee County, 77 Ala. 190. Complainant could not maintain this suit because he has no different or .special interest from the public at large. — 127 Ala. 326; 140 Ala.…
1Opinion of the CourtSayke, J.
The hill in this cause, was filed in March, 1906. In 1892 the defendant had established on the bank of the East Choctawhatchee river, four miles above its .junction with the West Choctawhatchee, his *340mill, where he ground corn, ginned cotton, and sawed and planed lumber. The power which ran his mill was secured from a dam extending across the stream. For some years he hád 'maintained a chute, so that logs driven dpwn the river might have passage over the darn. That, was the custom of millowners on streams in that part of the state, and defendant’s dam seems to have' been acquiesced in as long…
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