Sturges v. City of Meridian
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Sturges, appellant, was plaintiff in the court below; the city of Meridian, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
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From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Sturges, appellant, was plaintiff in the court below; the city of Meridian, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. This court has declared in the case of the Board of Levee Commissioners v. Dancy, 65 Miss. 335, 3 South. 568, that an act of the legislature declaring that all claims for damages then existing against the board of levee commissioners…
1Opinion of the CourtFletcher, J.
In this suit, instituted by a property owner against the city to recover damages caused -by thé digging of a ditch near the property, by which ready and convenient access is denied, it was conclusively shown that the ditch was dug much more than ten years before the suit was instituted, and that continuously from the time of its construction it was used by the city to carry off the water falling upon certain area of the city. This being conceded, we think the circuit court held correctly that the city has obtained the right by prescription to maintain the ditch as originally constructed. We…
2Cases cited2 opinions
- Mississippi Mills Co. v. SmithMississippi Supreme Court · 1891
- Board of Levee Commissioners v. DancyMississippi Supreme Court · 1887
3Cited by8 opinions
- Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
- City of Tupelo, Mississippi v. John Patterson (Pat) O'CallaghanMississippi Supreme Court · 2017
- City of West Point v. WomackMississippi Supreme Court · 1937
- Pompey Lake Drainage Dist. v. McKinney Lake Drainage Dist.Mississippi Supreme Court · 1924
- City of Meridian v. TingleMississippi Supreme Court · 1956
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