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Lawskills.com Georgia Caselaw
KINGSLEY MILL CORPORATION et al. v. EDMONDS.
17583.
ATKINSON, Presiding Justice.
Injunction. Before Judge Perryman. McDuffie Superior Court. June 22, 1951.
1. The trial court is vested with a widediscretion in the grant or refusal of interlocutory injunctions, which will not be controlled by this court unless abused. Code, 108; Jones v. Camp, 208 Ga. 164 (1) (65 S. E. 2d, 596).
2. A lower riparian owner is entitled to have water flow upon his land in its natural state free from adulteration. Code, 85-1301, 105-1407; Satterfield v. Rowan, 83 Ga. 187 (2) (9 S. E. 677); City of Elberton v. Hobbs, 121 Ga. 749 (3) (49 S. E. 779); Hodges v. Pine Product Co., 135 Ga. 134 (68 S. E. 1107); Robertson v. Arnold, 182 Ga. 664 (186 S. E. 806, 106 A. L. R. 681); Cairo Pickle Co. v. Muggridge, 206 Ga. 80 (55 S. E. 2d, 562).
3. Where no question of prescriptive rights was involved in this suit by a dairy farmer, seeking to enjoin a manufacturing company from polluting a stream, and where there was evidence, though conflicting, that the stream was being polluted, and that the petitioner had not acquiesced or consented for the water from the defendants' sewerage-disposal plant to be discharged upon his land, the trial court did not abuse its discretion in granting an interlocutory injunction.
Randall Evans Jr., contra.
Knox & Neal, for plaintiffs in error.
SUBMITTED SEPTEMBER 11, 1951 -- DECIDED OCTOBER 3, 1951.
Saturday May 23 05:27 EDT


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