Southern Appalachian Digital Collections

Western Carolina University (20) View all

Federal court records: Stevenson et al. v. Fain et al.: Telico River area

Item
?

Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • 102 116 FEDERAL REPORTER. Taking these positions in their order, it may be conceded that the average elevation of the ridge claimed by appellants is greater than the average elevation of the State Ridge and of Jenks Ridge, which also constitutes a part of the line followed by the line called the "State Ridge" line. The claim to be a "ridge" at all is, however, more questionable. It consists in a succession of high peaks and low depressions called gaps by the surveyors, and is lacking in that continuity which, to a much larger degree, constitutes the main ridge theretofore pur-' sued by the marked boundary line. This broken ridge seems to be lacking in any obvious connection with the ridge departed from at "County Corners." The ridge upon which the dividing line is located at that point continues in a southwestwardly course until it gradually descends to Tellico river. Crossing Tellico a spur is ascended which leads onto Jenks Ridge at Gold Brysons Gap, where the admitted marked line is again picked up. There is nothing noticeable at County Corners or any other point within a mile on the State Ridge line which would lead an observer to suspect that the succession of ridges now claimed to be the extreme height of the main ridge was in fact the main ridge theretofore pursued. To take the proposed line an abrupt descent of about 500 feet must be made down the side of the State Ridge, when "Mitchell Licks" is reached, a flat about one- fourth of a mile wide. Then a sharp high peak is to be ascended and descended to another gap, and a succession of such peaks and depressions is encountered, until finally Jenks Ridge is ascended and the conceded line picked up. The departure from course is marked for at "County Corners," the main ridge is left, and a southeasterly course taken for about four miles, then a southerly course, then a westerly, until back on the marked line. Although the average elevation of the line of peaks and gaps claimed to constitute the "main ridge" called for is greater than the average elevation of the State Ridge, yet this is evidently due to the greater number of high peaks over which the line is supposed to go, and not to the elevation from which the peaks arise. Still if the absence or presence of the highest peaks is of significance in determining what is meant by the main ridge, it is to be observed that Grassy Knob, a high peak arising from the State Ridge, seems to be higher on the evidence in this record than any single peak in the other line. The objection that the State Ridge terminates at Tellico river, and that another ridge, calAd "Jenks Knob," is ascended and followed, is not appreciated. The distinct mass called State Ridge may be said to terminate by a gradual descent to the gap through which the T°llico breaks through. Nevertheless the State Ridge and the ridge which is ascended after crossing Tellico seem to constitute parts of what, for 100 miles, may be properly regarded as the "main ridge" of the Great Smoky Mountains. It is no more just to say that the State Ridge is terminated by the Tellico Gap than to say that every deep gap in the opposing line constitutes the termination of a ridge. The elevation of the depression through which the Tellico runs is not shown, nor have we the elevation of the many gaps in the other line. The depression of the main ridge through which Tellico finds its way is as much entitled to be regarded as a gap in that ridge as Mitchells Flat, a gap in the other ridge.
Object
?

Object’s are ‘parent’ level descriptions to ‘children’ items, (e.g. a book with pages).