Town of Wesson v. Swinney

Appellee, H, Swinney, Sr., brought this action in the circuit court of Copiah county, against appellant, town of Wesson, to recover alleged damag’es to his property caused by appellant closing one of its streets. There was a verdict and judgment in favor of appellee for one hundred dollars from which judgment appellant prosecutes this appeal.

Appellee’s action was based on section 17 of the Constitution, which prohibits the-taking or damaging of private property for public use except on due compensation being made to the owner,; and section 3336', Code of 1906 (section 5833, Hemingway’s Code),…