Foley v. Godchaux

The opinion of the court was delivered by

Miller, J.

The plaintiff alleging that defendant has erected a dam and otherwise obstructed adrain to carry the water from plaintiff’s land over defendant’s plantation to the low lands in the rear, sues to remove the obstructions and for damages for loss of crops alleged to have been caused by the water accumulated on plaintiff’s land owing to the obstructions. The answer of defendant is in substance, that the drain, the stoppage of which is the basis of plaintiff’s demand, was abandoned prior to the acquisition by the plain*467tiff and defendant of their…