Yazoo & Miss. Valley Railroad v. Brown

Citations

• 99 Miss. 88
• 54 So. 804

Syllabus

<p>1. Natural Water Courses. Change of stream. Damages.</p> <p>Where a stream has left its accustomed channel, and formed a new channel on the land of an adjoining riparian owner, the.latter has the right, by the erection of barriers, to turn the waters of such stream from the new to the old channel.</p> <p>2. Same.</p> <p>In such case the riparian owner, on whose land the new channel is formed is not required to first clean out such old channel so as to restore it to the depth and condition it was in before the stream changed its course.</p> <p>3. Same.</p> <p>By condemnation of, or deed to its right of way, a railroad acquired the right to make necessary excavations to build its roadbed and if in properly constructing such roadbed, it results in a creek leaving its old channel, still the railroad had the right to turn it from its new back to its old channel.</p>