Ulbricht v. Eufaula Water Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. John A. Foster. The bill in this case was filed on the 23d May, 1888, by Gustav Ulbricht, against the Eufaula Water Company, a private corporation, to restrain by injunction the diversion of the water of a running stream, to the injury of the complainant as a lower riparian proprietor.
Read the full summary
Appeal from the Chancery Court of Barbour. Heard before the Hon. John A. Foster. The bill in this case was filed on the 23d May, 1888, by Gustav Ulbricht, against the Eufaula Water Company, a private corporation, to restrain by injunction the diversion of the water of a running stream, to the injury of the complainant as a lower riparian proprietor. The land on which the defendant had constructed a dam and reservoir, for the purpose of supplying water to the city of Eufaula, contained about one acre, and was sold and conveyed to the defendant by the plaintiff himself, by deed dated January…
1Opinion of the CourtSomebtvtlle, J.
The purpose of the bill, which was filed by the complainant, Ulbrieht, is to enjoin the apppropriation of tbe water from a running stream, diverted by the defendant corporation for the use of its water-works, constructed to supply the inhabitants of the city of Eufaula. The complainant owns land on both sides of this water-course, and so does the defendant, each being a riparian proprietor. The grievance complained of is, that the defendant, an upper riparian owner, by the construction of a dam and a reservoir, and the diversion of so large a quantity of the running stream, is guilty of an…
2Cases cited11 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Dumont v. KelloggMichigan Supreme Court · 1874
- Stein v. BurdenSupreme Court of Alabama · 1854
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. HulbertMichigan Supreme Court · 1902
- Jones v. ConnOregon Supreme Court · 1901
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Meng v. CoffeeNebraska Supreme Court · 1903
- Red Canyon Sheep Co. v. IckesCourt of Appeals for the D.C. Circuit · 1938
26 more not listed; retrieve them via the Exa API.