Dean v. Southern Ry. Co. in Mississippi
Mississippi Supreme Court
Appeal from tlie circuit court of Leflore county. Hon. F. E. Everett, Judge. ■ Suit by G. G. Dean against the Southern Railway Company in Mississippi. From a judgment for defendant, plaintiff appeals.
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Appeal from tlie circuit court of Leflore county. Hon. F. E. Everett, Judge. ■ Suit by G. G. Dean against the Southern Railway Company in Mississippi. From a judgment for defendant, plaintiff appeals. Mr. Dean, the appellant, is a resident citizen of Greenwood, Miss., and in this action complains of the Southern Railway Company, the appellee, on account of the noise made by the operation of appellee’s trains over and upon a certain spur or service track placed by the railway company in the city of Greenwood, near Mr. Dean’s home, to accommodate the business of a large compress. At the time…
1Opinion of the CourtSteveks, J.
While the evidence on behalf of plaintiff in the court below undisputably shows that the noise from the operation of appellee’s freight trains over and along the spur track complained of is at times very great, so much so that plaintiff could not sometimes sleep well at nights, and at times could not hear well - a conversation in his home, we are nevertheless forced to the conclusion that under the facts of this record a case was not made out, and the action of the court below in excluding- plaintiff’s testimony should be approved.
The residence of plaintiff is on the south side of the right…
2Cases cited24 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
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3Cited by8 opinions
- Willard Rushing and Patricia Rushing v. Kansas City Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1999
- Robertson v. New Orleans & G. N. R. Co.Mississippi Supreme Court · 1930
- Jenner v. CollinsMississippi Supreme Court · 1951
- Hall v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1917
- Robertson v. New Orleans & G. N. R. Co.Mississippi Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.