Lackey v. St. Louis & San Francisco Railroad
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Miss Lackey and others, appellants, were plaintiffs in the eourt below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The plaintiffs were the heirs of W. L. Lackey, deceased, and the defendant the successor of the Nansas City, Memphis & Birmingham Railroad Company.
Read the full summary
From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Miss Lackey and others, appellants, were plaintiffs in the eourt below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The plaintiffs were the heirs of W. L. Lackey, deceased, and the defendant the successor of the Nansas City, Memphis & Birmingham Railroad Company. See report of suit between plaintiffs! ancestor and the predecessor of the defendant, growing out of the original construction of the railroad track and consequent overflowing…
1Opinion of the Court
Fletcher, L,
delivered the opinion of the court.
We cannot agree with the learned court below that the contract between the appellee company and W. L. Lackey imposed no obligation upon the company to keep open the ditches which the contract mentions. It seems clear to us that, taking into consideration the situation of the parties, the mischief which was sought to be remedied and avoided, and the language of that part of the contract which recites that there is a release of all future damages that may accrue “on account of damage to the same and all that the same may sustain in any way by…
2Cited by1 opinion
- Lackey v. Saint Louis & San Francisco R. R.Mississippi Supreme Court · 1912