Darby v. Miller

The judgment of the court was pronounced by

Rost, J.

This suit is brought under article 656 of the Civil Code, which is in these words : “ It is a servitude due by the estate situated below, to receive the waters which run naturally from the estate situated above, provided, the industry of man has not been used to create thatservitude. The proprietor below is not at liberty to raise any dam, or to make any other work, to prevent this running of the water.”

The plantation of the plaintiff is surrounded by low grounds which drain into the bayou Petite Anee, and into natural gullies which empty…