Howard v. County of Bibb
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. -September 9, 1905. The petition alleged, in substance, that the defendant, the county of Bibb, while engaged in working a public road in said county, made a partial dam across a stream which flowed through the premises of plaintiff and which furnished one of the chief water supplies to the cows used by him in his dairy business; that in consequence of the collection of trash and waste matter in the water of said…
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Action for damages. Before Judge Hodges. City court of Macon. -September 9, 1905. The petition alleged, in substance, that the defendant, the county of Bibb, while engaged in working a public road in said county, made a partial dam across a stream which flowed through the premises of plaintiff and which furnished one of the chief water supplies to the cows used by him in his dairy business; that in consequence of the collection of trash and waste matter in the water of said stream, and the use of green timber, foliage, and other improper materials in the construction of said dam, the water of…
1Opinion of the CourtBeck, J.
(After stating the facts.)'
1. The courts have given full recognition to the principle of law that the right of the owner of land through which a non-navigable stream flows, to have its waters come on his land in the natural and usual flow and unpolluted, is annexed to the soil and is parcel of the land itself, and comes within the constitutional provision which forbids the taking or damaging of private property for public purposes without just and adequate compensation being first paid. See City of Elberton v. Hobbs, 121 Ga. 749; Mining Co. v. Joplin, 124 Mo. 129. In the case at bar, however,…
2Cases cited20 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bowers v. Fulton CountySupreme Court of Georgia · 1966
- Miree v. United StatesSupreme Court of Georgia · 1978
- Duffield v. DeKalb CountySupreme Court of Georgia · 1978
- Dougherty County v. HornsbySupreme Court of Georgia · 1957
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
18 more not listed; retrieve them via the Exa API.