Legal Opinion

Mississippi Mills Co. v. Smith

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 28 opinions

From the circuit court of Copiah county. Iiox. J. B. Chrisman, Judge. Action by appellee against appellant for damages. Plaintiff recovered judgment for $250. Motion for new trial overruled, and defendant appeals. The facts are stated in the opinion. 1. This action is brought for damages for polluting the water flowing through plaintiffs'" land. There is no complaint that defendant increased the amount of water flowing in the stream, and thus caused the lands to overflow.

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From the circuit court of Copiah county. Iiox. J. B. Chrisman, Judge. Action by appellee against appellant for damages. Plaintiff recovered judgment for $250. Motion for new trial overruled, and defendant appeals. The facts are stated in the opinion. 1. This action is brought for damages for polluting the water flowing through plaintiffs'" land. There is no complaint that defendant increased the amount of water flowing in the stream, and thus caused the lands to overflow. The issue being thus confined to the damage caused by pollution, it is mauifest the evidence did not entitle plaintiffs to…

1Opinion of the CourtCooper, J.

The appellees brought this suit to recover from the appellant damages for polluting the waters of a small stream which runs across their lands. A map showing the location of the stream, aud its several branches before it reaches the land of the appellees, seems to have been introduced in evidence in the court below, and several witnesses were examined in reference thereto; but this map is not in the record, and, if it were, we would be unable to apply the testimony of the witnesses to it, because of the indefinite manner in which the locations are spoken of. It is manifest that this court can…

2Cited by28 opinions

  1. Lipscomb v. StateMississippi Supreme Court · 1897
  2. Bruce v. BeallTennessee Supreme Court · 1897
  3. Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
  4. Chessman v. HaleMontana Supreme Court · 1905
  5. Southland Co. v. AARON, ET UX.Mississippi Supreme Court · 1954

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