Wilczinski v. Louisville, New Orleans & Texas Railway Co.
Mississippi Supreme Court
From the chancery court of Washington county. Hon. W. E. Trigg, Chancellor. Bill filed by appellant, Wilczinski, for reformation of a written contract and for an injunction. A preliminary injunction was granted; but on final hearing a decree was entered in favor of defendants, and the- injunction was dissolved, from which decree complainant appealed. The facts are stated in the opinion of the court.
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From the chancery court of Washington county. Hon. W. E. Trigg, Chancellor. Bill filed by appellant, Wilczinski, for reformation of a written contract and for an injunction. A preliminary injunction was granted; but on final hearing a decree was entered in favor of defendants, and the- injunction was dissolved, from which decree complainant appealed. The facts are stated in the opinion of the court. The words “ railroad purposes only and none other,” not only limit the estate conveyed to an easement, but restrict the use, and deprive the railroad company of all uses which are simply…
1Opinion of the CourtCooper, J.
This is a controversy between the appellant and appellees, touching the rights of the respective parties under a contract made between the appellant and the railroad company for a right of way over his plantation in Washington county. The contract is in writing, and recites that the appellant is the owner of a certain plantation known as the “ Matilda plantation,” in Washington county, across which the right of way of the railroad had been laid by a preliminary survey, on a line known to both parties; that the company contemplated building another road which would also run across said…
2Cited by9 opinions
- Bond v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1935
- Burnett v. BassMississippi Supreme Court · 1929
- Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
- Garry v. Atchison, Topeka and Santa Fe Railway Co.New Mexico Supreme Court · 1963
- Godchaux v. Iberia-Vermilion R.Supreme Court of Louisiana · 1913
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