Ogletree v. McQuaggs
Supreme Court of Alabama
Bill in Equity to Enjoin the Erection of a Dam. Appeal from the Chancery Court of Pike. Heard before Hon. H. Austill. The opinion sufficiently states the facts. — The complainant had a right to maintain a bill in equity for an injunction. — See Wood’s Law of Nuisances, page 835, § 783, page 711, § 698, note 2, citing Mills v. Hall, 9 Wend.
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Bill in Equity to Enjoin the Erection of a Dam. Appeal from the Chancery Court of Pike. Heard before Hon. H. Austill. The opinion sufficiently states the facts. — The complainant had a right to maintain a bill in equity for an injunction. — See Wood’s Law of Nuisances, page 835, § 783, page 711, § 698, note 2, citing Mills v. Hall, 9 Wend. (N. T.) 315, and page 812, § 769, citing in note 1 the case of the Fishmongers' Go. v. The East India Go. 1 Dick. 163. “ Where the injury is not susceptible of adequate compensation in damages, or where the injury is a constantly recurring grievance, a…
1Opinion of the CourtBbickell, C. J.
— The bill is filed by the appellant to restrain the appellees from erecting, for the use of a grist mill they are constructing, a dam across a stream not navigable, running through their lands near to the city of Troy. The material averments are, that the stream upon which the dam is to be erected is formed by the confluence of two streams running through the city, draining a large part of it, and into which much of its sewage is discharged; that the mill is being constructed on the site of a former mill, and the dam will collect the waters on the site of the former pond, which has been…
2Cases cited4 opinions
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Marsh v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Whitfield v. RogersMississippi Supreme Court · 1853
- Tracy v. First National Bank of SelmaNew York Court of Appeals · 1868
3Cited by13 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Hooper v. Dora Coal Mining Co.Supreme Court of Alabama · 1891
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
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