The Montgomery advertiser., 1905-11-24
STATE SUPREME COURT'
IMPORTANT CASE FROM TAxLapr-
 GA COUNTY IS DEClDEn.
Iron Company DsmsEed Water. cs 1. Pond, Dut Pleaded Statute of Limitnti0n--Mr. Tyson Wins
 Against Rank.

The Supreme Court of Alabama yes- terday decided that because the Ala bama Consolidated Coal and Iron Com- pany has been washing its iron ores in Chcaha Creek in Talladega County for more than ten years J. B. Turner who operates a mill on the stfeam below and says he is much damaged by the rev sediment that enters into his pond, cannot recover the damages. The statute of limitations was plead ed by the coal and iron corporation and although this contention failed to hold good in the Talladega City Court, the Supreme Court, in an opinion by Mir. Justice Jonathan Haralson upheld it,
 The case was another ono of those in which the riparian rights of individuals or corporations were involved. The coal and iron company has erected dam in Talladega County above tho miilpond of Mir. Turner. In the water which was thus used large amounts of iron orc have been washed and periodically the dam was opened up to allow the water to rush on below. The stream was not clarified before 1t reached the pond of MT. Turner and he alleged that the red clay, filth and debris" that was brought down from the dam above interfered with his use of the water in the pond across the creek where the stream is diverted.
 The Supreme Court svas prepared. ac- cording to the opinion of yesterday. to affirm a judgment for damages to the plaintiff had 1t not been for the do- murrer of the defendant regarding tho statute of limitation. Authorities were quoted to show that the statute is ap- plicable in these riparian contests. It was fully recognised that no riparian owner has the right to render a fiow- ing stream of water unfit for domestic. culinary or mining purposes or for cat tie to drink, fish to live in or for man. ufacturing purposes. These questions seem to be we'll established in the law already extant. The opinion of Mir. Justice Haralson simply reverses the judgment of the lower court, awarding eror in overruling the demurrer plead ing the statute of limitation.
 In the fifteen cases handed down yes- terday by the Supreme Court was one affirming the decision of tine Montgom- cry City Court in granting an injunc- tion to A. p. Tyson. of Montgomery, against the First National Bank to pre- vent the erection of four stone columns on Commerce Street. These columns were proposed by the architect to be put up In the front of the new bank building. They would project on the east side of the street about two feet. Mir. Tyson, who owns a building adja- cent claims that the posts would be dameying to his property in more ways than one. The columns will, by the opinion written by MT. Justice N. D. Denson, be held in abeyance.
 B. A. Webb of. Mobile, received an unfavorahle decision In his case against the Planters and Merchants Independ ent Packet Company. This was a suit by the company to compel him to pay for sf.000 of stock for which he was alIauaA tn havA attharribad
 Following Is the full list of opinions handed down yesterday;
 Haralson, J.:
 Alabama Consolidate Coal and Iron Company vs. J. B. Turner, appeal from Talladega City Court; reversed and re- nlanded.
 Planters and Merchants Independent Packet Company vs. R. A. Webb, ap- peal from Mobile Circuit Court; revers- ed and remanded.
 Hannah l.. Terry vs. J. J Johnson, appeal from Geneva Chancery Court: affirmed.
 M. M. Russell. ct al. vs. W. c. Bell finger. appeal from Gadsden City Court; affirmed.
 Merchants Laclede National Bank of ! St. Louis, Mo, ys. Troy Grocery Com pany, appeal from Pike Circuit Court; reversed and remanded.
 Dowdell. T.:
 Florence l.. Troy. ct al, vs. Elyton Land Company, ct al, appeal from Jeffer- | son Chancery Court, affirmed.
 Home Insurance Company vs. Robert D. Morrow, appeal from Marengo Cir cult Court; reversed and rcmanded.
 Julius A. Weiss, administrator, vs. George w. Taylor. ct al appeal from l City Court; affirmed.
 Mary F. Engle vs. W. B. Simmons, 1 appeal from Morgan Circuit Court; re- versed and remanded.
 Birmingham Railway. Light and Pow | CT Company vs. T. H. Spencer & Co, l appeal from Birmingham City Court; res versed and remanded.
 Simpson, J.:
 Andrew l.. Fullenwider vs. James | Reciever appeal from Birm- | ingham City Court; affirmed.
 R. H. Pearson vs. Mary Lou Dancy, | ct al. appeal from Jefferson Circuit | Court; affirmed.
 Denson, J.:
 County of Montgomery. ct al, vs. | Traction Company, appeal | from Montgomery Chancery Court; re- versed and rendered.
 First National Bank of Montgomery | vs. A. ?. Tyson. appeal from Mont gomery City Court; affirmed.
 J. B. WorthiEgton vs. A. c. Rhodes | & Son Co, appeal from Montgomery | -ity Court; affirmed.
 The Court adjourned until next Mon- day when cases from the Sixth Division | will come up. This division consists of the counties of Blount. Cullnan, Fay stte. Jefferson. Lamar, Marion, Pickens, Walker and Winston.