ROUGHTON v. THIELE KAOLIN COMPANY

18083.

209 Ga. 577 (1953)

74 S.E.2d 844

ROUGHTON v. THIELE KAOLIN COMPANY.

Supreme Court of Georgia.

Decided February 24, 1953.


Attorney(s) appearing for the Case

J. D. Godfrey and Casey Thigpen, for plaintiff in error.

E. W. Jordan and D. E. McMaster, contra.


CANDLER, Justice.

(After stating the foregoing facts.) 1. While the petition was, before amendment, subject to some of the grounds of special demurrer, we do not think it was subject to general demurrer. Riparian proprietors have a common property right in the waters of the stream, and the necessities of the business of one cannot be the standard of the rights of another, but each is entitled to the reasonable use of the water with respect to the rights of others...

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