Legal Opinion

Board of Levee Commissioners v. Nelms

Mississippi Supreme Court

Decided March 15, 1903PublishedCited by 11 opinions

Erom tbe circuit court of DeSoto county. Hon. Perrin H. Lowrey, Judge. Tbe Board of Levee Commissioners for tbe Yazoo and Mississippi Delta, appellant, began proceedings, tinder laws 1897, chapter 19, pp. 22-29, against Nelms and others, appellees, to subject certain lands to levee purposes.

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Erom tbe circuit court of DeSoto county. Hon. Perrin H. Lowrey, Judge. Tbe Board of Levee Commissioners for tbe Yazoo and Mississippi Delta, appellant, began proceedings, tinder laws 1897, chapter 19, pp. 22-29, against Nelms and others, appellees, to subject certain lands to levee purposes. The appraisers awarded appellees damages which were unsatisfactory to them and ■ they appealed therefrom to the circuit court, where upon trial a judgment was rendered in appellee’s favor and the board of commissioners appealed to the supreme court. An appraisement was made of the land sought to be…

1Opinion of the Court

Calhoon, I.,

delivered the opinion, of the court.

The cases of Board v. Dillard, 76 Miss., 641, 25 South., 292, and Board v. Hendricks, 77 Miss., 483, 27 South., 526, do not conflict. They are easily distinguishable. The former supports the court below in its rulings on the objection to testimony.

It is competent for a witness familiar with the particular land to say what crops it has been producing, its location, distance from a railroad or other means of transportation, the character of its soil, and from all this knowledge to give his opinion of its value. No showing of any expert training is…

2Cases cited2 opinions

  1. Board of Levee Commissioners v. HendricksMississippi Supreme Court · 1899
  2. Board of Levee Commissioners v. DillardMississippi Supreme Court · 1898

3Cited by11 opinions

  1. Mississippi State Highway Commission v. StoutMississippi Supreme Court · 1961
  2. Lee v. Indian Creek Drainage District Number One Etc.Mississippi Supreme Court · 1963
  3. Mississippi State Highway Commission v. DanielsMississippi Supreme Court · 1959
  4. McDuffie v. Mississippi State Highway CommissionMississippi Supreme Court · 1960
  5. Mississippi State Highway Commission v. LadnerMississippi Supreme Court · 1962

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