McMahan v. Walhalla Light & Power Co.
Supreme Court of South Carolina
Before Memminger, J., Walhaila, November, 1914. Action by J. R. McMahan against the Walhaila Light-and Power Company. From judgment for plaintiff, defendant appeals. submits: The upper proprietor may hold the water back and let if down in such a manner as may be necessary for the use of his mill, if the mill is adapted to the character of the stream and its use is reasonable, and the lower proprietor will not be heard to complain if he does not construct his dam so as to…
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Before Memminger, J., Walhaila, November, 1914. Action by J. R. McMahan against the Walhaila Light-and Power Company. From judgment for plaintiff, defendant appeals. submits: The upper proprietor may hold the water back and let if down in such a manner as may be necessary for the use of his mill, if the mill is adapted to the character of the stream and its use is reasonable, and the lower proprietor will not be heard to complain if he does not construct his dam so as to utilise the water as it is let down by the upper proprietor: Farnham on Waters and Water Rights, 1613; 69 Wis. 52; 28 Vt.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The appellant states its case as follows:
“This action was commenced on the 7th day of September, 1914, and is for damages, actual and punitive, in the sum of $10,000; alleged to have been sustained by plaintiff by reason of the construction of -defendant’s dam across Cane Creek, above the mill of plaintiff. The defendant answers and denies legal liability; also alleges that in the construction of its dam and in the operation of its power plant, it is making only a proper and reasonable use of the waters of said stream, and also…
2Cases cited2 opinions
- White v. Whitney Mfg. Co.Supreme Court of South Carolina · 1901
- Mason v. Apalache MillsSupreme Court of South Carolina · 1908
3Cited by7 opinions
- Floyd v. Country Squire Mobile Homes, Inc.Court of Appeals of South Carolina · 1985
- Toole v. TooleSupreme Court of South Carolina · 1973
- Zorn Ex Rel. Estate of Zorn v. CrawfordSupreme Court of South Carolina · 1969
- Grossblatt v. WrightCalifornia Court of Appeal · 1951
- Jowers v. S.C. Dep't of Health & Envtl. ControlSupreme Court of South Carolina · 2018
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