Pascagoula Boom Co. v. Dixon

Citations

• 77 Miss. 587

Syllabus

<p>1. Navigable Stream. Riparian owner. Obstmctions. Constitutional law. Constitution of 1S90, sec. 81.</p> <p>Under section 81, constitution of 1890, prohibiting tbe legislature from authorizing the permanent obstruction of navigable waters, but empowering it to permit the proper construction of bridges and “booms and chutes” for logs, a riparian owner, without legislative sanction, cannot rightfully maintain a boom for the stoppage of logs.</p> <p>3. Same. Private suit. Mandatory injunction.</p> <p>Private parties having a special interest are entitled to a mandatory injunction requiring the removal from navigable waters of an unlawful obstruction therein.</p>