New Orleans, Jackson & Great Northern Railroad v. Moye
Mississippi Supreme Court
Error to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. On the 10th day of March, 1856, Alexander instituted an action against The New Orleans, Jackson and Great Northern Railroad Company for damages occasioned by the construction of their road through his premises. The second count was to recover damages for obstructing a street leading from plaintiff’s premises, and for rendering the same impassable.
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Error to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. On the 10th day of March, 1856, Alexander instituted an action against The New Orleans, Jackson and Great Northern Railroad Company for damages occasioned by the construction of their road through his premises. The second count was to recover damages for obstructing a street leading from plaintiff’s premises, and for rendering the same impassable. The defendant demurred to the declaration upon the ground that the Act incorporating the company provided for a writ of ad quod damnum, and that plaintiff had no other remedy…
1Opinion of the CourtHarris, J.
This is an action of trespass, commenced by defendant’s intestate in his lifetime against 'the plaintiff in error, to recover damages for the construction of a railroad through the premises of defendant’s intestate. The second count is for the recovery of damages for obstructing streets, and rendering the same impassable, around said premises.
There was a demurrer filed to both counts, and it is agreed by counsel on the margin of the record that the demurrer was overruled. No judgment of the court appears in the record.
*385The general issue was relied on as a defence to both counts, and the cause…
2Cases cited2 opinions
- Penrice v. WallisMississippi Supreme Court · 1859
- Tegarden v. McBeanMississippi Supreme Court · 1857
3Cited by15 opinions
- Mississippi State Highway Commission v. HillmanMississippi Supreme Court · 1940
- Bessler Movable Stairway Co. v. Bank of LeakesvilleMississippi Supreme Court · 1925
- Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
- Jackson v. StateMississippi Supreme Court · 1932
- Rudder v. Limestone CountySupreme Court of Alabama · 1929
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