Mississippi, Terre-aux-Bœufs & Lake Borgne Railroad v. Wooten

The opinion of the Court was delivered by

Bermudez, C. J.

This is a proceeding to expropriate the defendant of a strip of land which the plaintiff claims to need to build a branch road.

The defenses are: that the expropriation is not authorized by plaintiff’s charter, the title of which is not expressive of the right claimed; that even then, the amount tendered as the value of the land and compensation for damages is by far inadequate, as the land and damages are fully worth $8500, for which judgment is asked.

The case was tried by a jury, who allowed $100 and no damages.

From the judgment on the…