Levy v. Nash
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; The common law rule is that “surface water is a common enemy, which any land owner may get rid of as best he can.”
Read the full summary
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; The common law rule is that “surface water is a common enemy, which any land owner may get rid of as best he can.” Gould on Waters, § 265; 13 Gray, 601; 10 Allen, 106; 100 Mass. 182; 44 Neb. 526; 48 Neb. 87. Mere surface water, which is supplied by rains or melting snow, flowing in a hollow or ravine on the land, is not a watercourse. 52 Wis. 526; 61 Id. 642; 9 Cush. 171; 30 Conn. 180; 22 Kan. 352; 53 Me. 200. The rule which would be applied to surface water in agricultural districts must be somewhat modified when applied to city…
1Opinion of the CourtBattue, J.
This suit was brought in the Pulaski Chancery Court by Walter Nash against M. Levy. He alleged in his complaint as follows: “That he is the owner of lot 6 in block 18 in Pope’s Addition to Little Rock, Arkansas, which is on the southwest corner of Fourth and Sherman streets; that he has built a house thereon fronting on Sherman Street, and one on the alley, fronting Fourth Street; that about one year ago Fourth Street was g'raded between Sherman and Commerce streets; and at the end of said alley a large tile drain was placed under and across said Fourth Street to carry off the water, said…
2Cases cited2 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
3Cited by9 opinions
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- City of Tucson v. DunseathArizona Supreme Court · 1914
- Bohemian Brethren Presbyterian Church v. Greek Archdiocesan Cathedral of the Holy TrinityNew York Supreme Court · 1978
- Timmons v. ClaytonSupreme Court of Arkansas · 1953
- Bilo v. El Dorado Broadcasting Co.Court of Appeals of Arkansas · 2008
4 more not listed; retrieve them via the Exa API.