White v. Whitney Mfg. Co.
Supreme Court of South Carolina
Before Buchanan, J., Spartanburg, March term, 1901. Action for damages and for injunction by Thos. J., R. P. and A. L. White against Whitney Manufacturing Co. The Judge instructed the jury as follows, omitting formal parts: “Now, Mr. Foreman, I am requested to make the following charges to you, and I do so: ‘1. Every proprietor of lands on the banks of a stream has a right to use of the water in the stream as it was wont to flow without diminution or alteration.
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Before Buchanan, J., Spartanburg, March term, 1901. Action for damages and for injunction by Thos. J., R. P. and A. L. White against Whitney Manufacturing Co. The Judge instructed the jury as follows, omitting formal parts: “Now, Mr. Foreman, I am requested to make the following charges to you, and I do so: ‘1. Every proprietor of lands on the banks of a stream has a right to use of the water in the stream as it was wont to flow without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him.’ I charge you that. ‘2. Each…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
1
The plaintiffs own and operate a corn and flour mill, together with a cotton gin and ice factory, situated on Lawson’s Fork Creek, which are propelled by the waters of that stream; and the defendant owns and operates a cotton factory situate on the same creek, some distance above plaintiffs’ mill, the machinery in which is likewise propelled by the waters of the said creek. The plaintiffs allege that the defendant company has restrained the waters of said creek from their natural flow and detained the same for its own…
2Cases cited2 opinions
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3Cited by11 opinions
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- McMahan v. Walhalla Light & Power Co.Supreme Court of South Carolina · 1915
- Jowers v. S.C. Dep't of Health & Envtl. ControlSupreme Court of South Carolina · 2018
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