Pool v. Lewis
Supreme Court of Georgia
Use of Water Courses. Before Judge Parrott. Bartow Superior Court. March Term, 1870. Pool 'and O. H. Lufburrow averred in their action on the case, and that they, for many years, had owned certain ironworks on Stump creek, in said county, and had a right, to use the water of said creek for said works, but that Pickens R. and Boyles J. Lewis, knowing that, and contriving fraudulently to injure them by depriving them of the use of said water for that -purpose as beneficially,…
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Use of Water Courses. Before Judge Parrott. Bartow Superior Court. March Term, 1870. Pool 'and O. H. Lufburrow averred in their action on the case, and that they, for many years, had owned certain ironworks on Stump creek, in said county, and had a right, to use the water of said creek for said works, but that Pickens R. and Boyles J. Lewis, knowing that, and contriving fraudulently to injure them by depriving them of the use of said water for that -purpose as beneficially, as they had before done, on the 13th of September, 1867 and since, erected dams and gates in and across said creek, and…
1Opinion of the Court
By the Court.—-
BROWN, C. J.,
delivering the opinion.
The controlling question in the case is, had the defendants the right to use the water in the stream, as they did use it, for the purpose of running their mill, located a short distance above the furnace of the plaintiffs. Judge Parrott, who presided on the trial, left it to the jury to determine whether the use and detention of the water, by the defendants, were reason*169able and necessary, under the circumstances of the case made by the evidence. We see no error in this.
In Washburn’s Easements and Servitudes, (side page 267,) the rule is laid…
2Cases cited1 opinion
- Mabie v. MattesonWisconsin Supreme Court · 1863
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- Price v. High Shoals Manufacturing Co.Supreme Court of Georgia · 1909
- Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.Supreme Court of Georgia · 1903
- White v. East Lake Land Co.Supreme Court of Georgia · 1895
- Robertson v. ArnoldSupreme Court of Georgia · 1936
- Ohio Oil Co. v. WestfallIndiana Court of Appeals · 1909
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