Clarke County v. Mississippi Lumber Co.

Citations

• 80 Miss. 535

Syllabus

<p>1. Waters. Underground. Percolation. Stream. Presumption.</p> <p>Subterranean waters are presumed to be percolating, and the law applicable to a percolating waters should control a controversy touching them, unless it clearly appear that they are from a distinct underground stream, the existence of which is known or easily ascertainable.</p> <p>2. Same. Wells. Injunctions. Damages.</p> <p>One who, acting in good faith, sinks a well on his own land and, by the use of powerful agencies, forces large quantities of percolating water therefrom for legitimate purposes, is not subject to injunction nor liable in damages to his neighbor in whose well the water is thereby diminished.</p>