Brown v. Beatty
Mississippi Supreme Court
IN error from tbe Circuit Court of Yallabusha county. Hon. William L. Harris, judge. It is unnecessary to set out the pleadings, further than they are stated in the opinion of the court.
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IN error from tbe Circuit Court of Yallabusha county. Hon. William L. Harris, judge. It is unnecessary to set out the pleadings, further than they are stated in the opinion of the court. The defendant justified the alleged trespass, upon the ground that he was agent and contractor of the Mississippi Central Railroad Company, and he gave in evidence the proceedings and inquest of a jury summoned by the sheriff, under the provisions of the charter of that company, assessing the value of the land of the plaintiff used by the defendant in constructing the road, at $325; and that the company,…
1Opinion of the Court
Smith, 0. J.,
delivered the opinion of the court.
This suit was brought in the Circuit Court of Yallabusha, to recover damages for injuries done to the lands of the plaintiff. The acts of trespass complained of were alleged to have been committed by the defendant, pretending to act as the agent and contractor of the Mississippi Central Railroad Company. A verdict and judgment were rendered for tile plaintiff. A motion was made for a new trial, which was overruled; whereupon the defendant excepted, and sued out this writ of error.
Several points are made upon the pleadings. But, as the defence…
2Cases cited4 opinions
- Calking v. BaldwinNew York Supreme Court · 1830
- Crittenden v. WilsonNew York Supreme Court · 1825
- Sampson v. SmithMassachusetts Supreme Judicial Court · 1819
- Knorr v. Germantown, Rail RoadSupreme Court of Pennsylvania · 1840
3Cited by24 opinions
- Mississippi State Highway Commission v. HillmanMississippi Supreme Court · 1940
- Kincaid v. City of SeattleWashington Supreme Court · 1913
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Varner v. MartinWest Virginia Supreme Court · 1883
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
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