Jones v. Hannovan
Supreme Court of Missouri
Error-to Carroll Circuit Court. I. Defendant had the right to drain the surface-water from his own land by ditches and embankments thereon, and if said ditching and embankments were done on his own lands with reasonable care and skill, and plaintiff is incidentally inconvenienced or injured thereby, he is without remedy. The caséis one of “damnum absque injuria.” (Swett vs. Cutts, Amer.
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Error-to Carroll Circuit Court. I. Defendant had the right to drain the surface-water from his own land by ditches and embankments thereon, and if said ditching and embankments were done on his own lands with reasonable care and skill, and plaintiff is incidentally inconvenienced or injured thereby, he is without remedy. The caséis one of “damnum absque injuria.” (Swett vs. Cutts, Amer. L. Reg. [Jan. 1872], 11, and cases cited; Waffler vs. N. Y. Central R. R., 58 Barb., 413 ; Goodale vs. Tuttle, 29 N. Y., 459 ; Curtis vs. Eastern R. R., 14 Allen, 55 ; Bowlsby vs. Speer, 2 Vroom, 351; Miller…
1Opinion of the CourtVories, Judge
This action was brought to recover from the defendant damages for the unlawful diversion of the water of a watercourse from its'natural channel, and turning the waters thereof on the plaintiff’s lands, by which he claims to have been damaged. The petition charges, that the plaintiff is the owner of a tract of land in Carroll county, Missouri; that the defendant in the year 1867 wrongfully diverted the channel of a certain stream of water running in near proximity to said land, and wrongfully dug ditches and threw up embankments *464near to and along the side of plaintiff’s land, by which said…
2Cases cited1 opinion
- Rose v. City of St. CharlesSupreme Court of Missouri · 1872
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