Fairchild v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. The case is sufficiently stated in the opinion of the court. 1. The appellee is liable in this action under § 989 of the Code of 1880. The language of the statute is plain and unambiguous, and the trespass of appellee comes fairly within its provisions.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. The case is sufficiently stated in the opinion of the court. 1. The appellee is liable in this action under § 989 of the Code of 1880. The language of the statute is plain and unambiguous, and the trespass of appellee comes fairly within its provisions. It says, “ If any person throw down any fence inclosing land not his own, without the owner’s permission, he shall pay to the pwner ” the penalty therein prescribed, to be recovered in the mode there pointed out. While this case is similar in some respects to the…
1Opinion of the CourtChalmers, J.
The railroad company sought and obtained condemnation of the land of appellant in order to lay its track. Having paid the price assessed by the jury, it entered on the land to erect its road-bed, and as -preliminary thereto built a cattle-gap at the intersection of appellant’s fence. Some days elapsed before the completion of the cattle-gap, and the present suit is brought both for the recovery of the statutory penalty for throwing down the fence and for injury to the cotton crop by intruding cattle during the interim. So far as injury to the crop is concerned, it was planted with a full…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. DixonMississippi Supreme Court · 1883