Mississippi Central Railroad v. Magee
Mississippi Supreme Court
Prom the circuit court of Jefferson Davis county. Hon. Wiley H. Potter, Judge. Magee, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgfent in plaintiff’s favor defendant appealed to the supreme-court.
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Prom the circuit court of Jefferson Davis county. Hon. Wiley H. Potter, Judge. Magee, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgfent in plaintiff’s favor defendant appealed to the supreme-court. The plaintiff sued to recover damages for the alleged changing by defendant, of a water course by -building a railroad embankment through and adjacent to plaintiff’s land, the declaration charging that defendant, in the construction of the same-had carelessly, negligently, and unnecessarily diverted the flow of water upon plaintiff’s…
1Opinion of the CourtWhitfield, C. J.
It was manifest and fatal error to refuse the first instruction asked for the defendant, in the following words: “The court instructs the jury, for the defendant, that plaintiff is' in no event entitled to recover any damages to the land in question prior to the date of his purchase thereof of his father, or subsequent to the filing of this suit.” Obviously, the plaintiff had no right to recover any damages from the overflow of the land prior to his acquisition of title to the land; and in this character of suit, the injury being a continuing one, he was entitled to recover only the damage…
2Cases cited2 opinions
- Chapman v. CopelandMississippi Supreme Court · 1877
- Mississippi & Tennessee R. R. v. ArchibaldMississippi Supreme Court · 1889