Mobile & Ohio Railroad v. Postal Telegraph-Cable Co.
Mississippi Supreme Court
From the circuit court, second district, of Chickasaw county. Hon. E. O. Sykes, Judge. This was a proceeding under the eminent domain chapter, code 1892, by the Postal Telegraph Cable Co., plaintiff, against the Mobile & Ohio Railroad Co., defendant, for the condemnation of the right of way of defendant in Mississippi, extending from the Alabama state line on the south to the Tennessee state line on the north, for the purposes of construction, maintenance and operation by…
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From the circuit court, second district, of Chickasaw county. Hon. E. O. Sykes, Judge. This was a proceeding under the eminent domain chapter, code 1892, by the Postal Telegraph Cable Co., plaintiff, against the Mobile & Ohio Railroad Co., defendant, for the condemnation of the right of way of defendant in Mississippi, extending from the Alabama state line on the south to the Tennessee state line on the north, for the purposes of construction, maintenance and operation by the plaintiff of a line of electric telegraph over the lands constituting defendant’s right of way, the said right of way…
1Opinion of the CourtWhitfield, J.
The only question of importance in this case is what is the true measure of damages in cases of this character ? In St. Louis, etc., Ry. Co. v. Postal Telegraph-Cable Co., 173 Ill., 508, a case almost identical with this, that court, in the course of an ably reasoned opinion, said: “The measure of damages, therefore, suffered by the railroad company is not the value of the land embraced within the right of way between the poles and under the wires, but the measure of damages is the extent to which the value of the use of such spaces by the railroad company is diminished by the use of the same…
2Cases cited7 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Railroad Co. v. GrantSupreme Court of the United States · 1879
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Chicago, Burlington & Quincy Railroad v. City of ChicagoIllinois Supreme Court · 1894
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3Cited by9 opinions
- Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
- White v. Mississippi Power & Light CompanyMississippi Supreme Court · 1967
- Union Pacific Railroad v. Colorado Postal Telegraph-Cable Co.Supreme Court of Colorado · 1902
- Indianapolis & Cincinnati Traction Co. v. WilesIndiana Supreme Court · 1910
- Illinois Central Railroad v. StateMississippi Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.