Natchez, Jackson & Columbus Railroad v. Currie
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. This is an action of trespass brought by Jane E. Currie against the Natchez, Jackson and Columbus Railroad Company to recover damages for an entry upon and excavation of a certain piece of plaintiff’s land and the construction and use of a railroad through the same by the defendant.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. This is an action of trespass brought by Jane E. Currie against the Natchez, Jackson and Columbus Railroad Company to recover damages for an entry upon and excavation of a certain piece of plaintiff’s land and the construction and use of a railroad through the same by the defendant. The declaration alleged that the defendant “ ejected and put the plaintiff from the possession, use, and occupation of said messuage.” The evidence shows that the plaintiff was in possession of the land at the time of defendant’s entry. The…
1Opinion of the CourtCooper, J.
The rule that the increased value given to adjacent lands by the construction of a railroad cannot be considered in determining the compensation to be paid for the right of way, is as applicáble in an action of trespass brought by the owner against the railroad company to recover damages for an unlawful entry, as in an action brought by the company to condemn the right of way. It is a rule of right for the measuring of damages and is applicable in all actions in which these damages are the subject of the proceedings.
The plaintiff was in' possession of the premises at the time the injury…
2Cases cited1 opinion
- New Orleans, Jackson & Great Northern Railroad v. MoyeMississippi Supreme Court · 1860
3Cited by2 opinions
- Gulf & Ship Island Railroad v. SingleterryMississippi Supreme Court · 1901
- Board of Levee Inspectors v. CrittendenCourt of Appeals for the Eighth Circuit · 1899