Crumbaugh v. Mobile & Ohio Railroad

Citations

• 105 Miss. 485
• 62 So. 233

Syllabus

<p>I. Waters and Water Courses. Overflow. Prescriptive rights. Adverse possession. Appeal and error. Instructions. Harmless error.</p> <p>A right to flow water over land may he acquired by prescription, and the prescription period in this state is ten years.</p> <p>2. Same.</p> <p>The fiowage must he under a claim of right, open, notorious, and adverse to the true owner; and it must he continuous and of such a character as to interfere with the. rights of the one against whom it is claimed.</p> <p>3. Same.</p> <p>Permitting water to he thrown hack upon another’s land for the prescription period, will raise the presumption of a grant, unless it is shown to have been done under some other right. The continuous fiowage of the upper land is sufficient notice that the use is claimed to he adverse.</p> <p>4. Appeal and Error. Instructions. Harmless error.</p> <p>The giving of an erroneous instruction for the defendant which did not prejudice plaintiff’s case was harmless error.</p>