Stephens v. Beaver Dam Drainage Dist.
Mississippi Supreme Court
Appeal from the circuit court, Sunflower county. Bon. S. F. Díavis, Judge. Action by C. B. Stephens against the Beaver Dam Drainage District. From a judgment sustaining a demurrer, plaintiff appeals.
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Appeal from the circuit court, Sunflower county. Bon. S. F. Díavis, Judge. Action by C. B. Stephens against the Beaver Dam Drainage District. From a judgment sustaining a demurrer, plaintiff appeals. The sum and substance of counsel’s argument seems to be that because it was decided in the case of Nugent v Levee Board, that no damages could be recovered for overflowing land because the levee board had no authority to raise maney to pay damages, that in this instance the drainage district is exempt.. The court held that the levee board was a creature of the National Government and that persons…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment sustaining a demurrer to a declaration in an action of tort instituted in the court below by the appellant against the appellee, a drainage district organized and governed by the provisions of chapter 195, Laws of 1912, as amended by chapter 269, Laws of 1914, to recover damages alleged to have been sustained by him because of the appellee’s negligence in so digging one of its ditches as to cause the water to run the wrong way and to collect and pond on the appellant’s land.
It does not appear from the declaration whether the negligence complained of was that…
2Cases cited5 opinions
- Brabham v. Board of SupervisorsMississippi Supreme Court · 1877
- Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
- King v. Vicksburg Railway & Light Co.Mississippi Supreme Court · 1906
- Nugent v. Board of Mississippi Levee CommissionersMississippi Supreme Court · 1880
- Williams v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1915
3Cited by16 opinions
- C. S. Lenoir v. Porters Creek Watershed DistrictCourt of Appeals for the Sixth Circuit · 1978
- Parker v. State Highway CommissionMississippi Supreme Court · 1935
- State Highway Commission v. MasonMississippi Supreme Court · 1941
- Pidgeon Thomas Iron Co. v. Leflore CountyMississippi Supreme Court · 1924
- State Highway Commission v. KnightMississippi Supreme Court · 1934
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