93 So. 439 | Miss. | 1922
delivered the opinion of the court.
The appellant was owner of certain, lands along the northern boundary of which a public road known as the Tupelo and Poplar Springs Road passed. Crossing the road at the northwest corner of the appellant’s land and running south practically'on the western boundary of the said land is a stream known as Bushbeloda creek. West
The appellee contends that the cases of Indian Creek Drainage District v. Garrott, 123 Miss. 319, 85 So. 312, and Jones v. George, 126 Miss. 576, 89 So. 231, control this case, and that under them appellant is not entitled to damages claimed, nor to any damage.
The appellant did not own the land on either side of the public road west of Bushbeloda creek, but his claim for damages is that the construction of the levee and borroAV pit caused the flood ivaters to be cast back into the channel of the creek earlier than they would have been cast and if the said levee had not been constructed such flood waters would have passed beyond his land before returning to the channel of the stream. The proof shows that only flood waters pass back into Bushbeloda creek above the public road and that the channel of the Union Branch is not affected and that no bed of the stream has been diverted by reason of the said levee.. In the Indian Creek Drainage District Case, supra, this court held that any person could fight vagrant flood waters; that is to say, such flood waters as spread out uniformly over the adjacent lands not being collected in any channel or stream. We are of the opinion that the above cited cases control this case, and that the appellant has no right of recoArery in this case.
Affirmed.