(After stating the facts.) 1, 2. While it is true thаt upon proper аpplication, made in due time, equity will enjoin a municipal corporаtion from taking a water supply from a stream, in violation of the rights of a ripаrian owner further down such stream, and to his damage (City of Elberton v. Hobbs, 121 Ga. 749, 750); nevertheless the complaining owner must act with reasonable promptness. If he waits until the municipal сorporation has sold bonds, bought land bordering upon the stream at a point above his property for the purpose of constructing waterworks and using water from the stream, and until at large expensе a system of water-piрes has been laid from the stream to the city and through the streets, and, though having full knоwledge of all the facts, makes no objectiоn, gives no notice of any claim of injury, and begins no proceeding till after thе pipes have been connected with the strеam, and the waterworks have actually begun oрeration, he is not entitled to an interlocutory injunction which will stop the use of the water by the city. This is especially true where the evidence as to whеther any damage would result to the property or not is conflicting. The point here determined was nоt raised or decided in the case of the Gity of Elberton v. Robbs, supra (which was begun some months earlier), or in Chestatee Pyrites Co. v. Cavenders Creck Co., 118 Ga. 255. See Griffin v. Augusta & Knoxville Railroad, 70 Ga. 164; Wood v. Macon & Brunswick Railroad, 68 Ga. 539 ; Darnell v. Southern Marble Co., 94 Ga. 231 (4); 2 Pom. Eq. Jur. (2d еd.) §817; 3 Id. § 1359; 1 Beach, Inj. §44; 1 High, Inj. (3d ed.) §7.
3. There being but .three stockholders of the plaintiff, who we;re also its officers, knowledge by them of the facts affected the company with knowledge. Ga. R. Co. v. Hamilton, 59 Ga. 174 (3); Mitchell v. Southwestern Railroad, 75 Ga. 398; s. c. 69 Ga. 114, 124; Guarantee Co. v. East Rome Town Co., 96 Ga. 511.
Judgment reversed.