Moose v. Swamp Dredging Co.

Citations

• 125 Miss. 842
• 88 So. 522

Syllabus

<p>1. Dkains. Landowner held not entitled to damages to crops through enlargement of canal.</p> <p>The landowner adjoining a right of way of a drainage canal cannot recover damages for injuries sustained to his crops caused by the damming up of the canal, which was made necessary in order to enlarge and dig deeper the canal, when this work is done in a proper workmanlike manner, in accordance with the plan legally adopted for its performance by the drainage commissioners. For all of this damage he, or his predecessor in title, is supposed to have been paid when the right of way was granted to the drainage district.</p> <p>2. Drains. Successor of grantor to drainage district cannot sue for damages from construction or maintenance.</p> <p>When a landowner has granted to a drainage district a right of way over his land for the purpose of constructing and’maintaining canals and ditches, his successor in title cannot thereafter sue the district or the contractor for damages which resulted, either from its construction or maintenance, if the work was done in a proper workmanlike manner. All these damages caused to the landowner are presumed to have been paid for because of the grant.</p> <p>3.. Drains. No action by landowner for damages for construction or maintenance of ditches in proper workmanlilce manner.</p> <p>Though the landowner may be damaged because of the doing of this work in a proper workmanlike manner, there was no invasion of his legal rights, and it is a case of damnum absque injuria, for which no action may be maintained.</p> <p>4. Drains. Drainage district must exercise reasonable care and skill.</p> <p>In • the exercise of its privileges and powers a drainage district must exercise reasonable care and skill, and, if it be necessary to-do a particular act in a particular manner, it may do so, though evil may result to others; but if the same act may as easily be done in another way, without hurt to others, it is the duty of the drainage district to adopt