City of McComb v. Rodgers

HARPER, Justice:

This case comes on appeal from the Chancery Court of Pike County where the chancellor granted a mandatory injunction and assessed damages against the City of McComb for the diversion of surface waters onto the property of the appellees. The City of McComb has assigned seven errors which, for the purpose of this opinion, may be consolidated into two assignments of error: (1) That the chancellor’s opinion is against the overwhelming weight of the evidence, and (2) That the City is subject to neither a mandatory injunction nor the resultant damages in this case.

The undisputed…