The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1890-05-14
BEHIND ON WATER.
THE PIPE WHICH CARRIES WATER FROM
THE PUBLIC SPRING WAS PLUGGED.
Judge Norton Directs That it be kc-
Opened. and That 1t Remain Open
Until q Settlement Of the Legal
Questions.

QueStlOnS.
One day last week the town council shut off
the water OF the spring from the Railroad
tank. Thos. l.. COthran, Esq, acting In behalf
of the Railroad, went before Judge Norton AT
Chambers in Walhalla. with the following
complaint which sets forth their grievance,
and To which Is appended Judge Norton Or
der of injunction:
THE STATE OF SOUTH CAROLINA,
COUNTY OF ABDEvILLE.
| In the Court of Common Pleas.
The Richmond and Danvllle Railrond Com
bevile, dcfendant.-Compla plaint for lnJunc-
ton, Relief, &c.
The complaint of the above named plaintiff
respectfully shows to the Court:
!. That the plaintiff is corporation duly
chartered by and under the laws of the State
OF Virginia.
II. That the defendant is body corporate
! by and under the laws OF the State OF South
iii. That on the 10Th day of March, 1881, for
n valuable consideration, the defendant IN
pursuance OF a resolution duly passed by Saiu
| Town Council of Abbevile. duly granted to
| The Grrenvil!e and Columbia Railroad Com a..
pany, a corporation duly chartered by ana
under the laws OF south Carolina, It's success
sors and assigns, the rlghtand privilege of u.s.
| ing water TO fill It's tank at and near the dc.
poi, in the town of Abbeville, from Il certain
public spring in said town. for the term 0i
twenty years, copy OF which cont l.;r ract Is
plaint. and marked Exhibit 4, which was
duly recorded in the office Of the Register OF
Mesne Conveyance for the County and Stale
aforesaid.
w. That the Columbia and Greenville
Railroad Company was the successor OF the
said Greenvllle aud Columbia Railroad Com
pany, and as such succeeded TO all the rights
and privileges conferred upon the former by
said grant, and the plaintiff has since &C
quired oil the rights and privileges to which
| the said Columbia and Greenville Railroad
Company succeeded.
| at EQln contract
Greenville and Columbia Railroad Company
and this plaintiff have each expended large
sums OF money In acquiring rights OF way,
laying pipes, building tanks and making va,
rious other Improvements, for the purpose OF
utilizing said water privilege.
| vi. That the def ndant fully recognized
the rights Of tho said companies. and made no
objection or complaint to the use of said wa
] ter as aforesaid, until the present year, when
on the - day Of April, 1890, in utter disre
gard Of the plaintiffs rights, and without lault
on the part of the plaintiff, the endant
through its officers and agents shut off the
supply of water. That thereafter they turned
the supply Of water on for n short while, then
cut 1t off Il few days since, and VIII not now
great damage and injury not only of the
plaintiff but of the public.
| VII. That neither the said Greenville and
Columbia Railroad Company, the said Cclum
the plaintiff has ever made an arrangement
at said spring or in any wise used said watri
so AS to impair or In any way Interfere with
the ordinary use of said water as the Same
was used before said contract. and the ar
! rangements are such as to allow the free and
i unrestricted use Of the full volume of water
flowing from said spring In emergency Of fire
in said town.
VIII. That there Is no tank or water sup
ply between the town OF Abbevillc ant
Hodges, there Is no means Of filling the Sat
tank in Ahbevile except from The said spring
there are eight trains II day. between salt
points. That since said wafer supply has betl
cut Off the plaintiff Inns been obliged 10 dc
pend upon taking sufficient water in the en-
CINE to last from Hodges to Abbevile ant
back; that The wafer upply is always preca
rous likely to prove insufficient at any time
and will certainly be inadequate, during tht
dry fall and summer months as has beer
proved by past experience.
| Wherefore the plaintiff prays judgment:
|. That the said defendant be required
forthwith to turn on said water supply.
2 That the defendant, its officers, agent!
and servants be restrained and enJoined iron
interfering with the said water supply during
the term OF the said contract.
g. For such other and further relief as may
!, be just and equitable.
: J. $. COTTIRAN,
II. y. COTHRAN,
plulntiffS ATTORNEYS.