Elmore v. Ingalls

LIVINGSTON, Justice.

The appeal is from a decree overruling demurrers to an original bill of complaint seeking to restrain and enjoin the pollution of a stream known as Little Cahaba River, and damages for injuries done to complainant’s property who is a lower riparian owner.

The respective rights of riparian owners of land as to the natural flow of water and use thereof, the rights of owners of upper and lower estates with respect to water courses have often been declared by this Court. McCary v. McLendon et al., 195 Ala. 497, 70 So. 715; Smith et al. v. McElderry, 220 Ala. 342, 124 So. 896;…