Legal Opinion

Alabama & Vicksburg Railway Co. v. Stingily

Mississippi Supreme Court

Decided March 15, 1916PublishedCited by 2 opinions

Appeal from the circuit court of Rankin county. Hon. A. J. McLaurin, Judge. Suit by J. W. Stingily against the Alabama & Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court-

1Opinion of the CourtCook, P. J.

Appellee’s declaration avers that he is the owner of a certain described' tract of land lying' adjacent to and adjoining the right of way of the appellant railway company; that the defendant owed the plaintiff the duty to so maintain and use its right of way and railroad track as not to injure the plaintiff; that in disregard of this duty, defendant did dig away, grade, cut, and remove away from its right of way, dirt adjacent to plaintiff’s land, and thereby caused plaintiff’s land to cave in and slide into the cut of the defendant’s right of way. To this declaration, defendant pleaded the…

2Cases cited2 opinions

  1. New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. BrownMississippi Supreme Court · 1886
  2. Ryckman v. . GillisNew York Court of Appeals · 1874

3Cited by2 opinions

  1. Moose v. Swamp Dredging Co.Mississippi Supreme Court · 1921
  2. Yazoo & M. v. R. Co. v. HughesMississippi Supreme Court · 1925

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