Legal Opinion

McMechen v. Hitchman-Glendale Consolidated Coal Co.

West Virginia Supreme Court

Decided May 10, 1921PublishedCited by 14 opinions

Case Certified from Circuit Court, Marshall County. Suit by Alcinda 0- McMechen and others against the Hitchman-Glendale Consolidated Coal Company and others, for an injunction. Demurrers to bill provisionally sustaind, and case certified.

1Opinion of the Court

POEEENBARGER, JUDGE:

The question certified in this ease pertains to the sufficiency of a bill in equity filed to obtain a temporary injunction restraining and inhibiting. the defendants from doing certain acts by which a natural stream of water has been obstructed and turned out of its course and caused to discharge its waters on and over the lands of the plaintiffs, and, by way of final relief, a mandatory injunction requiring them to remove the refuse, cinders, slate and dirt they have already deposited in the stream, to such an extent as to turn it out *635of its course and wash away land and…

2Cases cited13 opinions

  1. People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
  2. Freer v. DavisWest Virginia Supreme Court · 1902
  3. Blaisdell v. StephensNevada Supreme Court · 1879
  4. Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
  5. Hillman v. NewingtonCalifornia Supreme Court · 1880

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wischmann v. RaikesNebraska Supreme Court · 1959
  2. Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
  3. Maynard v. Carey Construction Co.Massachusetts Supreme Judicial Court · 1939
  4. Brchan v. Crete MillsNebraska Supreme Court · 1952
  5. Kamke v. ClarkWisconsin Supreme Court · 1955

9 more not listed; retrieve them via the Exa API.

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