Kansas City, Memphis & Birmingham Railroad v. Lackey
Mississippi Supreme Court
Appellee recovered judgment against the railroad company in the court below for $275. Hence this appeal. The opinion sufficiently states the facts. We submit that the right of way obtained by condemnation includes the right to do everything within its limits necessary for the proper construction and maintenance of the railroad.
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Appellee recovered judgment against the railroad company in the court below for $275. Hence this appeal. The opinion sufficiently states the facts. We submit that the right of way obtained by condemnation includes the right to do everything within its limits necessary for the proper construction and maintenance of the railroad. The compensation made is understood to cover all the damages naturally arising and reasonably expected to flow from the proper construction and maintenance of the road. Ilminaher v.-Bcdlroad Go., 37 N. W. Rep., 721; 2 Wood’s Ry. L., §§ 258, 275, and notes; Morriseij v.…
1Opinion of the CourtWoods, J.
The evidence in this case shows with reasonable certainty that the roadbed of appellant’s railway rests upon an embankment extending through the entire farm of appellee and for an undisclosed distance on both sides. Town Creek.is a considerable stream running through the valley in which the farm lies, and the line of the railway runs, in general terms, parallel with the creek and separated from it in distances varying from 200 to *885600 feet. Between the lands shown to have been damaged and Town Creek, runs the railway line on the continuous embankment before referred to. Before the…
2Cases cited2 opinions
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Illinois Central Railroad v. MillerMississippi Supreme Court · 1891
3Cited by6 opinions
- Newton Coca Cola Bottling Co. v. MurphreyMississippi Supreme Court · 1951
- Alabama & Mississippi Railroad v. BeardMississippi Supreme Court · 1908
- Filtrol Corp. v. HughesMississippi Supreme Court · 1945
- Illinois Central Railroad v. WilbournMississippi Supreme Court · 1896
- Frisbie v. CowenCourt of Appeals for the D.C. Circuit · 1901
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