McGarrah v. Southern Railway Co.

Citations

• 118 Miss. 330
• 79 So. 180

Syllabus

<p>1. Waters and Watercourses. Railroads. Flooding lands. Prescriptive right.</p> <p>In a suit by an adjacent landowner against a railroad for damages to his land by flooding caused by a trestle and ditch leading thereto being negligently allowed to become filled up, where the ten-year prescription period had not transpired or become completed when the trestle and ditch leading thereto was opened and this opening and ditch prevented the lands above the railroad from being flooded as long as the ditch was kept open and the plaintiff had never suffered the damage he sued for until four years prior to the bringing of the suit. In such case its prescription is not shown to have been completed or ripened in the defendant.</p> <p>2. Railroads. Flooding lands. Question.</p> <p>In this case, which was a suit against a railway for flooding lands by negligently allowing a trestle and ditch leading thereto to become filled up, the court held that the evidence was sufficient to allow the case to go to the jury.</p>