Yazoo & M. V. R. v. Jones

Citations

• 118 Miss. 224
• 79 So. 65

Syllabus

<p>1. Waters and Watercourses. Obstruction of drainage. Railroad right of Landowner.</p> <p>Where a railroad embankment obstructed the drainage of lands, the owner cannot recover for damages done thereby to his tenant or share cropper but only for the damage sustained by himself.</p> <p>2. Same.</p> <p>In such case the landowner can recover either for the decrease in the value of his land or for the decrease, in the quantity of crops raised thereon but he cannot recover for both.</p> <p>3. Same.</p> <p>Where the obstruction of drainage by a railroad embankment can be obviated at moderate expenses by construction of culverts, damages to the landowner cannot be assessed on the theory that the cause thereof will permanently continue, but in such case successive actions must be brought, in so far as a recovery of damages is concerned as such damages accrue.</p>