Chapman v. Copeland
Mississippi Supreme Court
Error to the Circuit Court of Yalobusha County. Hon. L. C. Balch, Special Judge, by agreement of parties, Hon. J. W. C. Watson being disqualified.
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Error to the Circuit Court of Yalobusha County. Hon. L. C. Balch, Special Judge, by agreement of parties, Hon. J. W. C. Watson being disqualified. In 1872 the defendant in error cut a ditch, by which, it is-alleged, the flow of the waters of a certain creek called Carr’s Creek was diverted from his own land and thrown upon an adjoining plantation, then belonging to the estate of Robert Lusk, deceased, but which the plaintiff in error bought in June, 1873. In October, 1875, this suit was brought for alleged injury done to the plaintiff’s land by this ditch. The testimony was conflicting as to…
1Opinion of the CourtCampbell, J.
The evidence in this case is very conflicting, and this made it especially important that there should be no conflict in the instructions to the jury. The instructions for the plaintiff propound the law correctly. The second instruction for defendant directs the jury to find for the defendant, unless the plaintiff had sustained damage “ in amount appreciable and ascertainable by evidence to the satisfaction of the jury.” This denies to plaintiff nominal damages, and requires him to prove special damage, as the consequence of the diversion of the water of Carr’s Creek from its natural course,…
2Cited by9 opinions
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- Yazoo & Mississippi Valley Railroad v. DavisMississippi Supreme Court · 1896
- Bumgart v. BaileyMississippi Supreme Court · 1963
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