Yazoo & Mississippi Valley Railroad v. Smith
Mississippi Supreme Court
From the circuit court of Warren county. ITon. John N. Bush, Judge. Smith, executor, etc., of the last will of Mary Comerford, deceased, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From the circuit court of Warren county. ITon. John N. Bush, Judge. Smith, executor, etc., of the last will of Mary Comerford, deceased, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was for damages to the land of decedent caused by defendant raising the grade of the street in front thereof, on which grade defendant’s tracks were constructed and operated. The first count of the declaration was predicated of the raising of the grade of the…
1Opinion of the Court
Calhoon, J.,
delivered, the opinion of the court.
The case was proceeded with without regard to the technical structure of the declaration. There is an agreed bill of exceptions showing that appellee’s testator, after the construction of the road, had conveyed to appellant a right of way along Levee street in front'of the property, which conveyance concludes in these words: “I do hereby release the said [the railroad company] from any and all damages, whether past, present, or future, for the construction and operation of its tracks along said street in front of said property.” This conveyance…
2Cited by6 opinions
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