City of Meridian v. Higgins
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Higgins, appéllee, was plaintiff in the court below, the City of Meridian, appellant, was defendant there. The facts were these: Mrs. Higgins owned land in the city of Meridian bounded on the east by Thirty-Third avenue and on the west by Thirty-Fifth avenue.
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From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Higgins, appéllee, was plaintiff in the court below, the City of Meridian, appellant, was defendant there. The facts were these: Mrs. Higgins owned land in the city of Meridian bounded on the east by Thirty-Third avenue and on the west by Thirty-Fifth avenue. The city opened a street along the south line of her property, called £ £ Seventh Avenue, ’ ’ and in doing so excavations were made from thé southeast corner to the southwest corner of the lady’s property. She brought this suit to recover damages alleged to have…
1Opinion of the CourtCalhoon, J.
Here was an actual invasion of plaintiff’s property at different times during several years to make excavations. Her property line invaded was to the middle of the private alley on her south line. There was special damage to her, and the measure of her right of recovery is £ ‘the difference in the market value of the property with the improvement, and that without it, not considering general benefits or injuries shared by the public in general.” Freeman’s note to O'Brien v. City of Philadelphia (Pa.), 30 Am. St. Rep., 840, 845 (s. c., 24 Atl., 1047). This difference must be at or about the…
2Cases cited1 opinion
- O'Brien v. Phila.Supreme Court of Pennsylvania · 1892
3Cited by9 opinions
- Mississippi State Highway Commission v. HillmanMississippi Supreme Court · 1940
- Muse v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
- Pearl River Valley Water Supply District v. WoodMississippi Supreme Court · 1965
- Baker v. Mississippi State Highway CommissionMississippi Supreme Court · 1948
- Schlicht v. ClarkMississippi Supreme Court · 1917
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