Stein v. Burden
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. Action on the case by John Burden against Albert Stein, to recover damages for defendant’s alleged diversion of the water of the Three Mile Creek from plaintiff’s mill.
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Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. Action on the case by John Burden against Albert Stein, to recover damages for defendant’s alleged diversion of the water of the Three Mile Creek from plaintiff’s mill. On the trial, the plaintiff proved possession under a claim of title to a tract of land on each side of the”creek opposite to each other ; that in 1849 he had erected a mill on the tract on the north side of the creek; that the defendant had diverted the water above the point where the mill was located ; that in 1837 one Jacob Page, who then owned the…
1Opinion of the CourtGoldthwaite, J.
The plaintiff in error, Stein, is the lessee of the City Water Works of Mobile, and deduces his right to divert the water of the Throe Mile Creek, from the act of the Legislature of 20th December, 1820, (Toulmin’s Digest 798,) the preamble to which recites, that it had been represented that it would bo advantageous t.o the health and commerce of Mobile, to bo supplied with water from some of the running streams in its vicinity, and that certain persons had agreed to associate themselves together for the purpose of conducting a supply of water from the Three Mile Creek.
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