No precept is more firmly established in our law than that this court will not disturb or control the trial judge’s discretion in either denying or granting an interlocutory injunction, in the absence of legal abuse of such discretion.
Cubbedge & Hazlehurst v. Adams,
Equity intervenes by grant of an interlocutory injunction to prevent irreparable damage to one of the parties and to maintain the status quo until a final determination is made.
Mobley v. Brundage,
In this case, the plaintiff attempted to introduce evidence to support his contentions that the actions of the defendants materially contributed to the pollution of the stream, to the seepage of water and the depositing of mud upon his lands, and that water from the flume hitting at a point outside the old stream bed caused water to flow unnaturally over his land, causing swampy conditions, erosion and washing, all to the great hurt and damage of the plaintiff.
To some degree, the plaintiff proved his case as laid without conflict. However, there was material conflict as to the quantum of damages, as well as the continuance, or certainty of the continuing nature, of the damages during the interim period from the hearing until the. time of the final disposition of the case. The testimony of the witnesses was not at all conclusive as to the manner, extent or certainty of damage to the plaintiff’s property, nor that such damage would be irreparable. Most important, the evidence did not disclose that an injunction would *86 be necessary to protect the plaintiff’s interests during the pend-ency of the suit.
Upon a careful review of the record here before us, whatever may be the rights of the respective parties on a trial of the ease, we can not say the trial judge abused his discretion in denying the interlocutory injunction.
Judgment affirmed.