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ROUGHTON v. THIELE KAOLIN COMPANY

18653.

211 Ga. 15 (1954)

83 S.E.2d 590

ROUGHTON v. THIELE KAOLIN COMPANY.

Supreme Court of Georgia.

Decided September 13, 1954.

Attorney(s) appearing for the Case

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

D. E. McMaster, Ruth C. Burns, E. T. Averett, contra.

ALMAND, Justice.

Hubert L. Roughton brought an action against Thiele Kaolin Company for damages and injunctive relief, claiming that the defendant, as an upper riparian owner, was polluting a stream of water flowing over the plaintiff's property, thereby creating a continuing nuisance, to the damage and injury of the plaintiff. This court, in Roughton v. Thiele Kaolin Co., 209 Ga. 577 (74 S.E.2d 844

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