Legal Opinion

Morris v. Covington County

Mississippi Supreme Court

Decided October 15, 1918PublishedCited by 23 opinions

Appeal from the circuit court of Covington county. Hon. W. H. Hughes, Judge. Suit by S. Morris against Covington County. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The discontinuance of this public road damaged private property for public use, and section 17 of the state Constitution of 1890 requires that compensation be made; and the recovery may embrace both direct and consequential damages.

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Appeal from the circuit court of Covington county. Hon. W. H. Hughes, Judge. Suit by S. Morris against Covington County. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The discontinuance of this public road damaged private property for public use, and section 17 of the state Constitution of 1890 requires that compensation be made; and the recovery may embrace both direct and consequential damages. Vicksburg v. Herman, 72 Miss. 211, 16 So. 434. We have failed to discover any decision of this court dealing with the right of an abutting…

1Opinion of the CourtHolden, J.

This is an appeal from a judgment of the circuit court of Covington county, sustaining a demurrer to appellant’s declaration. The question presented for our decision is whether the declaration states a cause of action under the law. The declaration alleges that the board of supervisors of Covington county adopted an order vacating and abandoning a certain public highway leading from the town of Seminary across Okatoma creek to and through the farm of appellant; that appellant contributed to the establishment and maintenance of the highway, which was established and maintained by the county;…

2Cases cited13 opinions

  1. Pearsall v. Board of SupervisorsMichigan Supreme Court · 1889
  2. Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
  3. Kray v. MuggliSupreme Court of Minnesota · 1901
  4. City of Vicksburg v. HermanMississippi Supreme Court · 1894
  5. Kincaid v. Indianapolis Natural Gas Co.Indiana Supreme Court · 1890

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3Cited by23 opinions

  1. Muse v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
  2. State Highway Board v. BaxterSupreme Court of Georgia · 1928
  3. Aubrey L. Hart and Judy D. Hart, Cross-Appellants v. Dudley Walker, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
  4. Trahan v. State Highway CommissionMississippi Supreme Court · 1933
  5. Mississippi State Highway Commission v. SpencerMississippi Supreme Court · 1958

18 more not listed; retrieve them via the Exa API.

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