Mitchell v. New Orleans & Northeastern Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 3.Prescription cannot he set up against a continuous damage. 2 Addison on Torts, 1103 j Wood’s Law of Nuisance. Sec. 772 ; 35 Ann. 952; 97 N. S. 608. 2. Maintenance of an embankment which floods the land of an adjacent proprietor is a nuiscmce. Wood’s Law of Nuisance, See. 358. l'hc proprietor below is not at liberty to raise any dam to prevent the running of water.
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 3.Prescription cannot he set up against a continuous damage. 2 Addison on Torts, 1103 j Wood’s Law of Nuisance. Sec. 772 ; 35 Ann. 952; 97 N. S. 608. 2. Maintenance of an embankment which floods the land of an adjacent proprietor is a nuiscmce. Wood’s Law of Nuisance, See. 358. l'hc proprietor below is not at liberty to raise any dam to prevent the running of water. B. C. C. Arts. 661 and 664. Such servitude can only be acquired by title, or by a possession of ton years. B. C. C. Art. 765. 3. A claim for the value of…
1Opinion of the Court
T.
The opinion of tho Court was delivered by
Watkins, J.
Plaintiff is the owner of 950 acres of huid situated on Honey Island, between East and West Pearl rivers, in Louisiana, on which ho resides, and of about 170 acres on tho east bank of East Pearl river, opposite the former, in the State of Mississippi. He is a farmer, and engaged in stock raising. He alleges that these lands were worth $50 per acre in 1882. That during that year, the defendant company commenced and constructed their railway through a portion of said Louisiana tract of land, that is to say, the south half of section…
2Cited by26 opinions
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- Gumbel v. New Orleans Terminal Co.Supreme Court of Louisiana · 1937
- McCutchen v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1907
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