Crumbaugh v. Mobile & Ohio Railroad
Mississippi Supreme Court
Appeal from the circuit court of Lee county. HoN. J. M. Mitchell, Judge. . Suit by H. J. Orumbaugh and others against the Mobile & Ohio Bailroad Company. From a judgment overruling a demurrer to its plea the plaintiff appeals. The facts are fully stated in the opinion of the court. The record in this case has been lost.
1Opinion of the CourtBeed, J.
Appellant brought suit against appellee, claiming damages to his crops as to one tract of land, and both to his crops and to the freehold as to another tract of land, by reason of the same being overflowed, as the result of the changing of the channel of a creek, and the insufficiency of a trestle and opening under the track of appellee’s road for the flow of water in the creek passing through the roadbed.
Appellee to this declaration interposed a plea of general issue and special pleas. One special plea set up, in substance, that the diversion of the waters of the creek from the west to the…
2Cases cited1 opinion
- Alcorn v. SadlerMississippi Supreme Court · 1893
3Cited by3 opinions
- Stouts Mountain Coal & Coke Co. v. BallardSupreme Court of Alabama · 1915
- Downie v. City of RentonWashington Supreme Court · 1931
- Hails v. MartzCalifornia Supreme Court · 1946