Liles v. Cawthorn

Citations

• 78 Miss. 559

Syllabus

<p>1. Appeals. Supreme court. Amount of judgment. Code 1892, 4 85.</p> <p>An appeal lies to the supreme court from the judgment of a circuit court for fifty dollars in a cause brought therein, the statute limiting the right of appeal to cases where the judgment exceeds said sum, code 1892, 4 85, having reference only to suits begun before justices of the peace.</p> <p>2. Board op Supervisors. Nuisances.</p> <p>A board of supervisors is without authority to adjudge a milldam to be a nuisance.</p> <p>3., Nuisances. Private nuisance. Abatement.</p> <p>Any person injured thereby may of his own authority abate a private nuisance, but such redress must be reasonable, and not exceed the measure of his right.</p> <p>4. Water's. Obstructions.</p> <p>Every proprietor through whose land a stream passes is entitled to have it run in its natural state without diminutidn or obstruction.</p> <p>5. Same. Case.</p> <p>When the owner of a water mill so builds the dam thereof as to cause the backwater therefrom to injure the power of a like mill on the same stream, the owner of the latter may treat such dam as a nuisance, and of his own authority enter and remove so much of the same as causes the injury sustained.</p>