Davis v. Howell
Supreme Court of Arkansas
Appeal from Lafayette Chancery Court; Emon 0. Mahoney, Chancellor; Land is burdened with its own surface water and watercourses, and the owner can not by artificial means gather the water upon his own property and throw it upon the property of his neighbor. 3 Farnham, Water and Water Rights. 2553; Id. 2619; Id. 2616, 2617; 66 Ark. 271.
1Opinion of the CourtMcCulloch, J.
This is a suit in equity by Mrs. S. R. Howell and B. A. Moore to restrain G. W. Jackson from obstructing a drainway, and also to restrain J. F. Davis, road commissioner of Lafayette County, and N. G. Lewis and T. V. Cabiness, road overseers, from cutting a ditch along the side of a public road in front of property owned by the plaintiffs. The facts are as follows:
The plaintiffs and Jackson severally own land situated in Lafayette County on the west side of the public road running south from the court house in the old town of Lewisville. Jackson’s property lies about three hundred yards north…
2Cited by1 opinion
- Howell v. JacksonSupreme Court of Arkansas · 1908