Guesnard v. Executors of Bird
Supreme Court of Louisiana
APPEAL from the Twenty-Third Judicial District Court, parish of West Baton Kouge. Cole, J. First — The provisions of Art. 656 C. 0., if interpreted to the letter, would, in effect, condemn to sterility the superior estate. Every man has a right to clear and cultivate his land; he may make ditches, not for the purpose of making the water flow upon the adjacent land, but for the purpose of improving and cultivating his own, and nothing it healthy.
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APPEAL from the Twenty-Third Judicial District Court, parish of West Baton Kouge. Cole, J. First — The provisions of Art. 656 C. 0., if interpreted to the letter, would, in effect, condemn to sterility the superior estate. Every man has a right to clear and cultivate his land; he may make ditches, not for the purpose of making the water flow upon the adjacent land, but for the purpose of improving and cultivating his own, and nothing it healthy. He is not to do this, however, to the injury of his neighbor. 12 L. 503; 14 L. 163; 15 An. 300, 683; 16 An. 151; 6 An. 645; 7 An. 291. Second —…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This case involves a right of servitude claimed by plaintiff.
He alleges that he owns a sugar plantation known as the “ Belmont,” situated on the right bank of the Mississippi River, in the parish of West Baton Rouge, adjacent to, and bounded on the upper line by, the defendants’ plantation, known as the "Bellevale,” from which it is separated by a lane running from the river front to forty arpents in the rear, or from north to south.
He avers that the natural flow of waters on the upper part of his plantation is from front to rear, to a certain…
2Cited by8 opinions
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- Chandler v. City of ShreveportSupreme Court of Louisiana · 1929
- Petit Anse Coteau Drainage Dist. v. Iberia & V. R.Supreme Court of Louisiana · 1909
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