143 Ga. 776 | Ga. | 1915
It will be noted that the latter section deals generally with the right of an owner of land on both sides of a non-navigable stream to construct and maintain a dam or dams across such stream “for the development of water-power and other purposes.” It is not confined to companies or persons furnishing heat, light, or power to the public. We need not discuss how far this altered the rights of riparian owners as they already existed; but it may be said that it was hardly intended to declare broadly that any owner of land might build a-dam and be free from all damages resulting therefrom, if it created a nuisance injurious to health.- It has been held that, where public or quasi-public corporations exercise legitimately and in a proper manner the powers expressly or by necessary implication conferred on them by law, such exercise can not be held to be a nuisance per se; but by the negligent or improper exercise
Judgment affirmed.