Illinois Central Railroad v. Wilbourn
Mississippi Supreme Court
From the circuit court of Yalobusha county. The opinion states the case. 1. This suit and that in which the appellee’s assignor recovered damages in 1891, relate to adjoining forty-acre tracts of land, and both are for the same cause of action, viz., the closure, in 1880, of a culvert and the construction of an embankment, interrupting a natural water course, thereby causing overflows and deposits of sand.
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From the circuit court of Yalobusha county. The opinion states the case. 1. This suit and that in which the appellee’s assignor recovered damages in 1891, relate to adjoining forty-acre tracts of land, and both are for the same cause of action, viz., the closure, in 1880, of a culvert and the construction of an embankment, interrupting a natural water course, thereby causing overflows and deposits of sand. Damages resulting from the same cause cannot be apportioned or £< split.” 15 Am. & Eng. Ene. L., 348, 349; State v. Morrison, 60 Miss., 81, 82; 2 Black on Judgments, sec. 734 et seq. In…
1Opinion of the Court
Calhoon, Sp. J.,
delivered the opinion of the court.
Wilbourn, by ah appropriate declaration, complains of damage to certain lands by the improper construction of an embankment by the railroad company, and from the fact that the company left too small a culvert over a running stream to allow the efflux of the stream and the surface 'waters finding egress through it. The result of this, he charges, was to hem in the waters and destroy the value of his land by the deposit of silt and sand. The land damaged is composed of two tracts, which, for convenience, may be called the £ £ upper tract ’ ’…
2Cases cited5 opinions
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Illinois Central Railroad v. MillerMississippi Supreme Court · 1891
- Yazoo & Mississippi Valley Railroad v. DavisMississippi Supreme Court · 1896
- Kansas City, Memphis & Birmingham Railroad v. LackeyMississippi Supreme Court · 1895
- State ex rel. Hinds County v. MorrisonMississippi Supreme Court · 1882
3Cited by3 opinions
- Holman v. RichardsonMississippi Supreme Court · 1917
- Alabama & Mississippi Railroad v. BeardMississippi Supreme Court · 1908
- Miller v. ErvinMississippi Supreme Court · 1942