Holman v. Richardson

Citations

• 112 Miss. 216
• 72 So. 921

Syllabus

<p>1. Waters and Water Courses. Surface waters. Bight to deflect. Drainage. Prescription. Knowledge.</p> <p>The common-law rule which obtains in Mississippi, is that surface water is a common enemy which every proprietor may fight as he deems best, regardless of its effect upon other proprietors, and that accordingly the lower proprietor may take any measures necessary for the protection of his property, although the result is to throw the water back upon the land of an adjoining proprietor.</p> <p>2. Same.</p> <p>Where surface water has been accustomed to gather and flow along a well-defined channel which by frequent running, it has worn into the soil, it may not be obstructed to the injury of the dominant proprietor and a lower proprietor must protect himself with due regard to the rights of the upper proprietor and so as not to injure him unnecessarily, and is liable for any injury due to his recklessness or negligence.</p> <p>3. Surface Water. Drainage. Prescription. Knowledge.</p> <p>The right of drainage across the land of another is not gained by prescription though continued for twelve years, where such drainage was by tile drainage and was unknown to the owner of the lower land.</p>