Southern Marble Co. v. Darnell
Supreme Court of Georgia
Equitable petition. Before Judge Gober. Pickens superior court. September term, 1893. The petition of Manson Darnell alleged: Upon plaintiff’s land flow two streams of water, known as Barnett creek and Dock creek.
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Equitable petition. Before Judge Gober. Pickens superior court. September term, 1893. The petition of Manson Darnell alleged: Upon plaintiff’s land flow two streams of water, known as Barnett creek and Dock creek. On one of them is a valuable water power of the height of about 25 feet, over which the creek flows, and to utilize which plaintiff intended to erect a mill for grinding grain for profit, said water power being sufficient, with the natural and ordinary-flow of water in the creek, to propel the machinery of the mill or other ordinary machinery usually propelled by water. Plaintiff’s…
1Opinion of the Court
Simmons, Justice.
Darnell filed his equitable petition against the Southern Marble Company, alleging that he was the owner of certain lots of land upon which was situated a valuable mill-site, where he had intended to erect a mill, and that on another lot there were valuable mineral deposits of ochre; that two streams flowed through these lots, supplying sufficient water to run the mill and work the mine; that the defendant had cut a certain ditch five miles in length, whereby a portion of the water which naturally flowed through his land was diverted, thus causing damage to his mill-site and…
2Cited by16 opinions
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