Yazoo & Mississippi Valley Railroad v. Smith
Mississippi Supreme Court
From the circuit court of Warren county. ITon. John N. Bush, Judge. Smith, executor, etc., of the last will of Mary Comerford, deceased, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From the circuit court of Warren county. ITon. John N. Bush, Judge. Smith, executor, etc., of the last will of Mary Comerford, deceased, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was for damages to the land of decedent caused by defendant raising the grade of the street in front thereof, on which grade defendant’s tracks were constructed and operated. The first count of the declaration was predicated of the raising of the grade of the…
1Dissent
Mayes, J.,
delivered the following dissenting opinion.
I am unable to concur in the conclusion reached by the majority of the court in the affirmance of this case, and think it should be reversed. There is a very marked difference between the rights which one may get in property by virtue of *51eminent domain proceedings and the rights which he may acquire by express contract. The cases cited by counsel for appellee, announcing the circumstances under which a railroad company may become liable to the owner of land taken by virtue of eminent domain proceedings for damage additional to that which…
2Cases cited2 opinions
- Yazoo & Mississippi Valley Railroad v. LefoldtMississippi Supreme Court · 1905
- Conners v. Tazoo & Mississippi Valley RailroadMississippi Supreme Court · 1905