Moose v. Swamp Dredging Co.
Mississippi Supreme Court
Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by C. B. Moore against the Swanxp Dredging Company, Incorporated, and others. Judgment on a peremptory instruction for defendants, and plaintiff appeals.
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Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by C. B. Moore against the Swanxp Dredging Company, Incorporated, and others. Judgment on a peremptory instruction for defendants, and plaintiff appeals. It will also be observed that this appeal is predicated and based solely upon section seventeen of our constitution which'provides: “That private property shall not be taken or damaged for public use,” etc., and that this action is predicated upon that provision of said section which was incorporated into the constitution of 1890 for the first time. In the case of the…
1Opinion of the CourtSykes, P. J.
The appellant, C. B. Moore, as plaintiff, filed in the circuit court suit for damages for the value of thirty-five acres of alfalfa and fourteen acres of corn alleged to have been drowned and killed by water caused by the damming up of the Coonewar canal by the defendant. The declara*852tion alleges the organization of the Coonewar drainage district several years prior to the alleged injury; that this district was organized and operated under the provisions of chapter 39 of the Code of 1906 (chapter 99, H:eming-way’s Code); that the commissioners of this drainage district, acting in their…
2Cases cited8 opinions
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Heywood v. TillsonSupreme Judicial Court of Maine · 1883
- Holman v. RichardsonMississippi Supreme Court · 1917
- City of Canton v. Canton Cotton Warehouse Co.Mississippi Supreme Court · 1904
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3Cited by4 opinions
- Gulf, Mobile & Ohio R. R. v. Tallahatchie Drainage Dist.Mississippi Supreme Court · 1953
- Belzoni Drainage Dist. v. CobbMississippi Supreme Court · 1924
- Yazoo & M. v. R. Co. v. HughesMississippi Supreme Court · 1925
- Weller v. Mulgrew & Sons Co.North Dakota Supreme Court · 1923