State ex rel. Attorney General v. Alabama Power Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action hv the State on the relation of the Attorney General to enjoin the Alabama Power Company from constructing and maintaining dams across the Coosa river at the points described in the bill. From a judgment denying the petition relator appeals. Without a strict compliance with section 6148, et seq., Code 1907, there is no authority for building and maintaining a dam upon any navigable stream in this state.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action hv the State on the relation of the Attorney General to enjoin the Alabama Power Company from constructing and maintaining dams across the Coosa river at the points described in the bill. From a judgment denying the petition relator appeals. Without a strict compliance with section 6148, et seq., Code 1907, there is no authority for building and maintaining a dam upon any navigable stream in this state. The sections contained in article 1, chapter 79, Code 1907, gives no authority except in case of non-navigable streams,…
1Opinion of the CourtMcCLELLAN, J.
The learned judge of the city court thus concisely states the case now presented for review on appeal: “Tn this cause, the state seeks to enjoin the Alabama Power Company, a corporation, from constructing and maintaining a dam across the Coosa river at a point in Chilton county, Ala., described in the bill, insisting that the Coosa river is a navigable stream; that the state is the owner of and the title is in it to the bed and waters of said river; that the said Alabama Power Company has no right or authority from the complainant to construct said dam and maintain the same; that in the…
2Cases cited6 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Mobile Transportation Co. v. MobileSupreme Court of the United States · 1903
- Mobile Transportation Co. v. City of MobileSupreme Court of Alabama · 1900
- Mayor of Mobile v. EslavaSupreme Court of Alabama · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Alabama Power Co. v. McNinchCourt of Appeals for the D.C. Circuit · 1937
- Beaunit Corporation v. Alabama Power CompanyDistrict Court, N.D. Alabama · 1973
- State ex rel. Attorney General v. WilkinsonSupreme Court of Alabama · 1968
- State ex rel. Gallion v. ArgiroSupreme Court of Alabama · 1961