Yazoo & Mississippi Valley Railroad v. Davis
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. R. W. Williamson, Judge. The opinion states the substance of the evidence.
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From the circuit court of Leflore county. Hon. R. W. Williamson, Judge. The opinion states the substance of the evidence. The following instructions, some of which are not numbered, were given for plaintiff: “If the jury find for the plaintiff, the form of their verdict will be, we, the jury, find for plaintiff, and assess their damages at-- dollars. ’ ’ “3. If the jury believe, from the evidence, that defendant carelessly obstructed the flow of water, flowing in natural water courses, so as to cause the same to overflow plaintiffs’ land to their damage, then the j ury will find for the…
1Opinion of the CourtCooper, C. J.
In Sinai v. Railroad Co., 71 Miss., 547, we held that, under circumstances, a railroad company, whose roadbed obstructed surface water, and threw it back upon the lands of an adjoining owner, would be liable to him for the damages thereby *689inflicted. In Railroad Co. v. Smith, 72 Miss., 677, we also held that, under some circumstances, a railroad company would not be liable to an adjoining owner for obstructing the flood waters of a stream, which were flowing in an unbroken current along .the course of the stream, and which would, ordinarily, under the rules of the common law, be considered and…
2Cases cited10 opinions
- Ohio & Mississippi Railway Co. v. WachterIllinois Supreme Court · 1888
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Kansas City, Memphis & Birmingham Railroad v. SmithMississippi Supreme Court · 1895
- Richardson v. Board of Levee CommissionersMississippi Supreme Court · 1891
- Sullivan v. Board of SupervisorsMississippi Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mississippi State Highway Commission v. HillmanMississippi Supreme Court · 1940
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Holman v. RichardsonMississippi Supreme Court · 1917
- State Highway Commission v. ChathamMississippi Supreme Court · 1935
- Smith v. Mississippi State Highway Com'nMississippi Supreme Court · 1982
7 more not listed; retrieve them via the Exa API.