Donnaher v. State
Mississippi Supreme Court
Error to Hinds circuit court. Coaltee, J. Tbis was an indictment preferred by the grand jury of Hinds county against Patrick Donnaher for a nuisance, in digging and subverting large quantities of dirt in the streets of Jackson, and thereby obstructing the same. The defendant pleaded not guilty.
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Error to Hinds circuit court. Coaltee, J. Tbis was an indictment preferred by the grand jury of Hinds county against Patrick Donnaher for a nuisance, in digging and subverting large quantities of dirt in the streets of Jackson, and thereby obstructing the same. The defendant pleaded not guilty. The case was submitted on the following state of facts, to wit: In 1836, the legislature passed an act incorporating the president and directors of the Jackson and Brandon .Railroad and Bridge Company. The eleventh section of this act is as follows: “ Be it further enacted, That the said company shall…
1Opinion of the Court
ClaytoN, J.:
The agreed state of facts contained in this record, presents this as the prominent question for investigation: whether the *380Jackson and Brandon Bailroad and Bridge Company have a right to construct a railroad through the streets of the city of Jackson without an assessment and payment of damages for such use of the streets.
The statute incorporating this company, passed February 5th, 1836, gives power to it to extend its railroad so as to intersect or unite with any other railroad terminating in or passing through the city of Jackson, provided the road be so constructed as not to…
2Cases cited1 opinion
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
3Cited by2 opinions
- Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
- Mobile & Ohio Railroad v. StateMississippi Supreme Court · 1875