Edward Douglass White

Name: Cubbins v. Mississippi River Commission — Opinion of the Court
Author: Edward Douglass White

Cubbins v. Mississippi River Commission…

Summary

“Cubbins v. Mississippi River Commission — Opinion of the Court”, is a work by Edward Douglass White. It explores elements such as levees, the Mississippi River Commission and flood.

Quotes from Cubbins v. Mississippi River Commission… (Edward Douglass White)

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ That the volume of water from the vast watershed which the Mississippi river drains, and which, by means of percolation and tributaries, reaches that river, is susceptible now and again of being so simultaneously drained off from the watershed into the river, and thus so vastly increasing the amount of water to be carried off in a given time as to cause the overflow of the valley which the river traverses, and to thereby endanger the enormous interests concerned, is too well known to require anything but statement. ”

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Source: Wikisource

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ But assuming, as we think it must be assumed, that the words 'accidental' and 'extraordinary' are to be taken as relating to the river,-that is, as alone embracing conditions not usually there occurring, and not ordinary to the stream in its usual condition, having regard to the flow through its natural bed, whether in high or low water, that view would be here irrelevant, since there is no suggestion of any bed of the river in high or low water except the space between the natural banks along which the levees were built, unless the whole valley be considered as such bed. ”

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Source: Wikisource

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ It was alleged that in flood seasons, when the water in the Mississippi river rose above its natural low-water banks, such water would flow out and over the vast basins in which the alluvial valley between Cape Girardeau and the Gulf formed itself, and would then, either by percolation gradually flow back into the river, or be carried over and through the basins by the streams flowing through them into the Gulf of Mexico, where such streams emptied. ”

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Source: Wikisource

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ But while this was universally true, a limitation to the rule was also universally recognized by which individuals, in case of accidental or extraordinary floods, were entitled to erect such works as would protect them from the consequences of the flood by restraining the same, and that no other riparian owner was entitled to complain of such action upon the ground of injury inflicted thereby, because all, as the result of the accidental and extraordinary condition, were entitled to the enjoyment of the common right to construct works for their own protection. ”

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Source: Wikisource

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ But the author at once proceeds to add that the principles thus stated in no way serve to prevent or to limit the right of proprietors whose lands border on or are traversed by rivers 'from guarantying themselves against damage by defensive works, constructed either upon the border of the rivers or in the interior of their property, against either the permanent and insensible action of the rivers or streams, or particularly against the damage caused by the accidental or extraordinary overflow of their banks ”

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Source: Wikisource

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ That the general right to an unrestrained flow of rivers and streams, and the duty not to unduly deflect or change the same by works constructed for individual benefit, as qualified by the limitation as to accidental and extraordinary floods which prevailed in Rome and on the Continent, and which today govern in France, as stated by Demolombe, also obtained in Scotland, was recognized in 1741, in the case of Farquharson v. ”

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Source: Wikisource

Edward Douglass White, Cubbins v. Mississippi River Commission…

“ Comp. L. 2, § 9, ff. de aqua et aqux; L. unic., ff. de ripa munienda; L. 1, ff. ne quid in flum. publ.; Coepolla, tract. 2, cap. XXXVIII. no 2; Troncon, sur l'art. 225 de la cout. de Paris; Henrys, liv. ”

Edward Douglass White

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