Thompson v. Mobile, Jackson & Kansas City Railroad

Citations

• 104 Miss. 651
• 61 So. 596

Syllabus

<p>1. Waters and Watercourses. Overflow of land. Railroads. Burden of proof. Instructions. Surface water. Obstructions.</p> <p>In a suit against a railroad company for damages to land caused hy obstructing the natural drainage and the flow of surface water, where the defendant relied upon an extraordinary and unusual rainfall in defense, it was error for the court to instruct the jury that unless the plaintiff had shown with reasonable certainty what part of his damage was caused by the unusual and extraordinary rainfall, they should find for the defendant, as this instruction shifts the burden of proof to the plaintiff to disprove the affirmative plea of the defendant.</p> <p>2. Same.</p> <p>A railroad company must provide for the natural flow of surface waters, if this can be done without undue expense, and without danger to the operation of the road.</p> <p>3. Same.</p> <p>A railroad company is responsible for any damage resulting from its obstruction of a natural watercourse, without reference to whether or not the obstruction was reasonable or unreasonable.</p>