Mississippi Central Railroad v. Mason
Mississippi Supreme Court
Error to tbe Circuit Court of Marshall County. Hon. Orlando Davis, Judge. Defendant in error brought suit in Benton county circuit court against plaintiffs in error, to recover damages, alleged to have resulted to bis lands in consequence of tbe obstruction of tbe water and tbe overflow of bis farm.
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Error to tbe Circuit Court of Marshall County. Hon. Orlando Davis, Judge. Defendant in error brought suit in Benton county circuit court against plaintiffs in error, to recover damages, alleged to have resulted to bis lands in consequence of tbe obstruction of tbe water and tbe overflow of bis farm. It was alleged that tbe Mississpipi Central Eailroad, in 1854, passing over Mason’s land, crossed a watercourse, but .-neglected and failed to cut proper ditches to carry off the water, but obstructed tbe passage, “ by reason whereof, on the — day of January, 1861, and from thence hitherto, the…
1Opinion of the Court · PeytonPeyton, C. J.
A. T. Mason institutes suit in the circuit court of Benton county, against the Mississippi Central Railroad Company, for the recovery of damages alleged to have been sustained by him by the carelessness and negligence of the defendants in the construction and repair of their railroad -bed on their right of way through his land.
Upon the plea oi the general issue, not guilty, the cause was submitted to a jury, who found for the plaintiff, and assessed his damages at five thousand dollars.
And thereupon the defendants moved the court for a new trial, on the following grounds:
1. The court…
Also in this document: Opinion of the Court · SiMRALii.
2Cases cited10 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Corning v. GouldNew York Supreme Court · 1837
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3Cited by16 opinions
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Chicago, St. Louis & New Orleans Railroad v. DoyleMississippi Supreme Court · 1883
- Elsworth v. GlindmeyerMississippi Supreme Court · 1970
- H. & T. C. R'y Co. v. LeslieTexas Supreme Court · 1882
- Myrick v. HolifieldMississippi Supreme Court · 1961
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