Callan v. G. M. Cypher Co.

Citations

• 71 Fla. 14
• 70 So. 841

Syllabus

<p>1. The proprietor of land may use a natural watercourse which flows -through his land for the purpose of emptying into it by means of ditches dug on hiS own land the surface water thereon, provided such proprietor neither diverts the natural flow of the surface water nor taxes by such means the watercourse beyond its capacity to the injury of a lower proprietor.</p> <p>2. Whether a proprietor of land who uses a natural watercourse flowing through his land for the purpose of draining his land of surface water is limited in such use of the watercourse by its capacity or the rule against diverting the natural flow of the surface water is not determined in this case.</p> <p>3. A proprietor of land on a natural watercourse who by obstructions such as dams and causeways diminishes its capacity for carrying off water, may not complain of an upper proprietor who uses the watercourse for draining into it his surface water without diverting its natural flow but does not tax such watercourse beyond its natural capacity although such use results in injury to the obstructions built by the lower proprietor. .</p>