Legal Opinion

Lattimore v. Davis

Supreme Court of Louisiana

Decided October 15, 1839PublishedCited by 2 opinions

Western Dist, APPEAL FROM THE COURT OF THE'NINTH JUDICIAL DISTRICT, FOR THE PARISH OF CONCORDIA, THE JUDGE THEREOF PRESIDING. This is an action (o recover damages from the defendant for injuries done to the plaintiff’s plantation and land, by draining his own land on to that of the latter.

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Western Dist, APPEAL FROM THE COURT OF THE'NINTH JUDICIAL DISTRICT, FOR THE PARISH OF CONCORDIA, THE JUDGE THEREOF PRESIDING. This is an action (o recover damages from the defendant for injuries done to the plaintiff’s plantation and land, by draining his own land on to that of the latter. The plaintiff alleges that the defendant owns a plantation situated above, and adjoining to his, on the Mississippi river, in the parish of Concordia; that in the spring of the year 1833, the latter cut ditches, and drained his land on to that of petitioner, without following the natural drains, and by…

1Opinion of the Court

Morphy, /.,

delivered the opinion of the court.

The plaintiff seeks to recover damages, alleging that by defendant’s illegal acts and omissions he has brought together and concentrated all the waters of his plantation in a certain pool or pond, not a common drain, lying and extending on both their premises; that afterwards he has, by cutting through a causeway on his (plaintiff’s) plantation, let into his field of cotton such a body of wateras has overflowed it, and rendered all cultivation impossible. , The defendant denies that he has done any injury to plaintiff, and' claims damages in…

2Cited by2 opinions

  1. Ogburn v. ConnorCalifornia Supreme Court · 1873
  2. Hayley v. . HayleySupreme Court of North Carolina · 1867

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