Illinois Central Railroad v. Miller
Mississippi Supreme Court
From the circuit court of the second district of Panola county. Hon. James T. Fant, Judge. The opinion states the facts. The appellee recovered judgment against the appellant in the court below for the sum of $450 and costs.
Read the full summary
From the circuit court of the second district of Panola county. Hon. James T. Fant, Judge. The opinion states the facts. The appellee recovered judgment against the appellant in the court below for the sum of $450 and costs. Motion for new trial overruled; defendant appeals. 1. As a general rale one unlawfully diverting or obstructing a natural water-course is liable in damages to the person injured thereby. 2. The owner of land may lawfully improve and occupy it in sucb a manner as either to prevent water which accumulates elsewhere from coming on it, or altering the course of surface-water…
1Opinion of the CourtCooper, J.
The condition of the record in this cause is such that on the main question involved, we find ourselves unable to form any definite opinion upon the evidence on which the case was tried in the court below. By his declaration the plaintiff complains that the defendant in constructing or repairing its road-bed closed up tíre • channels of certain natural water-courses, by reason of which the water flowing therein was caused to overflow his adjacent lands, to the great injury of the land and destruction of crops.
A map of the road-bed and adjacent lands, which -was used in the trial of the cause…
2Cases cited1 opinion
- Barkley v. . WilcoxNew York Court of Appeals · 1881
3Cited by19 opinions
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Rix v. Town of AlamogordoNew Mexico Supreme Court · 1938
- Holman v. RichardsonMississippi Supreme Court · 1917
- Noyes v. CosselmanWashington Supreme Court · 1902
- Steed v. KimbroughMississippi Supreme Court · 1944
14 more not listed; retrieve them via the Exa API.