Jones v. George

Citations

• 126 Miss. 576
• 89 So. 231

Syllabus

<p>1. Judgment. Elements necessary to plea of res judicata enumerated.</p> <p>Before a plea of res judicata can prevail, four things must be shown: “First, identity in the thing sued for; second, identity in the cause of action; third, identity of persons and parties to the action; and, fourth, identity of the quality in the person for or against whom the claim is made.”</p> <p>2. Judgment. Drainage district not concluded by former adjudication against county.</p> <p>A drainage district is a separate entity, a corporation with powers to sue and be sued, and is not an agent or subdivision of the county, and is not concluded by a former adjudication against the county relating to the same subject-matter.</p> <p>3 Wateks and Water Courses. Riparian proprietor entitled to free flow</p> <p>A riparian proprietor is entitled to the free flow of water in rivers secured from undue interruption.</p> <p>4. Waters and Water Courses. Riparian proprietor entitled to erect levees.</p> <p>A riparian proprietor or drainage district is entitled to erect levees or such other works as will protect its lands from the accidental or extraordinary flood waters df a stream. No other riparian owner can complain of this action because of injury thereby inflicted upon him.</p> <p>5. Waters and Water Courses. Erection of levees, cawsiw^ damage, not actionahle wrong.</p> <p>By thus protecting themselves against these accidental or extraordinary waters of a stream, there is no invasion of a right of any other riparian proprietor. If they are damaged, it is damnum absque injuria, which damages are not contemplated by section 17 of the Constitution of 1890.</p> <p>Ethridge and Cook, JJ., dissenting.</p>