Rosamond v. Carroll County
Mississippi Supreme Court
Appeal from the chancery court of Carroll county. , Hon. J. F. McCool, Chancellor. Suit by J. W. Rosamond against Carroll county and another. From a judgment for defendants, plaintiff appeals. This suit was begun in the chancery court by the appellant, who sought to recover damages of the county of Carroll and one Briscoe, who owned property adjacent to that of appellant.
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Appeal from the chancery court of Carroll county. , Hon. J. F. McCool, Chancellor. Suit by J. W. Rosamond against Carroll county and another. From a judgment for defendants, plaintiff appeals. This suit was begun in the chancery court by the appellant, who sought to recover damages of the county of Carroll and one Briscoe, who owned property adjacent to that of appellant. The bill alleged that defendant Briscoe, with the consent of the county and in utter disregard of complainant’s rights, had thrown up an embankment on his own lands, thereby causing damage to plaintiff’s lands by overflow.…
1Opinion of the CourtSmith, J.
The nuisance complained of is a contingent one for which successive recoveries may be had.
It is unnecessary for us to decide whether a party can in one suit recover all damages, present, past, and prospective, sustained and to be sustained, from a nuisance of this character, for the reason that the declaration upon which appellant’s former recovery was had did not seek to recover prospective damage. It is true that it alleged that the land was permanently damaged, but that simply meant that the damage then accrued was permanent — that the reduction in valúe of the land was *703permanent. The land…
2Cases cited1 opinion
- Bower Barff Rustless Iron Co. v. Wells Rustless Iron Co.U.S. Circuit Court for the District of Southern New York · 1890
3Cited by2 opinions
- Payne v. BevelSupreme Court of Oklahoma · 1923
- Perry v. Bank of CommerceMississippi Supreme Court · 1918