Griffin v. Drainage Commission

Citations

• 110 La. 840
• 34 So. 799
• 1903 La. LEXIS 718

Syllabus

<p>PRESCRIPTION — WHEN BEGINS TO RUN — TORT-CONTINUING DAMAGES.</p> <p>1. Where the commission of a wrongful act is attended immediately by resulting damage,, the date at which damage commences is the initial point for the running of the prescription of one year. If the bringing of an action for damage sustained be postponed beyond the year, the plaintiff must (if his property has been in his own possession in the interval) allege- and show the state of facts which would remove from the action the bar of prescription. The rule is that, where one of the parties to-a suit has more means of knowledge concerning a matter to be proved than the other, the onus-is on him.</p> <p>2. Where the damage resulting from a wrongful act itself (noncontinuing) is continuing and' progressive, the party whose property is damaged cannot postpone bringing an action for-the same until after the full extent of. the damage has been sustained, and then sue for the-whole damage. If he does so, the claim for the-portion of the damage which he sustained one year prior to the bringing of the action will, have been prescribed.</p> <p>(Syllabus by the Court.)</p>