Howard v. Ingersoll
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Ilon. John J. Woodward. The defendant brought his action against the plaintiff in error to recover damages for overflowing his mill. The mill stands on the west side of the Cbattahoocbie river above low water, but below high water mark, and is supplied with water by means of a dam that runs in a north-east direction into the river, and which dam diverts a portion of the water to the mill.
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Error to the Circuit Court of Russell. Tried before the Ilon. John J. Woodward. The defendant brought his action against the plaintiff in error to recover damages for overflowing his mill. The mill stands on the west side of the Cbattahoocbie river above low water, but below high water mark, and is supplied with water by means of a dam that runs in a north-east direction into the river, and which dam diverts a portion of the water to the mill. The water thus diverted returns into the river some distance above the dam erected by the plaintiff in error. The defendant in error erected this mill…
1Opinion of the CourtDargan, C. J.
The principal, if not the only question in this case, is whether the mill, for the overflowing of which the suit is brought, is situated within the limits of the State of Alabama? If it is, the plaintiff has shown title to the land on which the mill is erected, and the suit is properly brought in the courts of this State. If, however, the mill is not situated within the limits of *788this State, then no suit can be brought in our courts to recover damages for the injury done to it, whether the plaintiff has title to the land or not; for the action is local in its character and can be brought only…
2Cases cited1 opinion
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
3Cited by10 opinions
- Oklahoma v. TexasSupreme Court of the United States · 1923
- Mannville Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1884
- Illinois v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Elmore County v. Tallapoosa CountySupreme Court of Alabama · 1930
- Williams v. GloverSupreme Court of Alabama · 1880
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