Wilmot v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. Wilmot, the appellant, was the plaintiff in the court below. The railroad company was defendant there. Wilmot sued the Yazoo & Mississippi Valley Railroad Company in an action of trespass in the sum of $5,000 for the alleged wilful and wanton destruction, in June, 1896, of his crops of cotton growing upon land immediately adjacent to the roadbed of said defendant company and on either side thereof.
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From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. Wilmot, the appellant, was the plaintiff in the court below. The railroad company was defendant there. Wilmot sued the Yazoo & Mississippi Valley Railroad Company in an action of trespass in the sum of $5,000 for the alleged wilful and wanton destruction, in June, 1896, of his crops of cotton growing upon land immediately adjacent to the roadbed of said defendant company and on either side thereof. And in a second count the plaintiff claimed of the defendant the sum of $5,000 for entering in June, 1896, plaintiff’s…
1Opinion of the CourtTerral, J.
This is a contest between the railroad company and the owner of an adjacent farm as to their respective rights in the right of way of the defendant’s road. The appellant claims the right to cultivate the right of way so far as it is not in the actual occupation of the company, and the company denies such right. The deed granting the right of way was executed in April, 1883, by Wingfield, the then owner of the farm, the defendant’s assignor, and Wingfield, for a valuable consideration, granted, bargained and sold a right of way over his land ‘‘ to have and to hold, to said assignor and the…
2Cases cited7 opinions
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Troy v. PotterSupreme Court of Vermont · 1869
- Kuecken v. VoltzIllinois Supreme Court · 1884
- Curran v. City of LouisvilleCourt of Appeals of Kentucky · 1886
- Day v. WaldenMichigan Supreme Court · 1881
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- Mobile & O. R. Co. v. StrainMississippi Supreme Court · 1921
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