Alabama & Mississippi Railroad v. Beard
Mississippi Supreme Court
Prom, the circuit court of Greene eo-unty. ‘ Hon. William H. Hardy, Judge. ' Beard, appellee, was plaintiff in the court below; the railroad company, appellant, was-defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court-The facts are fully stated in the opinion of the court. The issue presented to the jury for its determination was-whether or not the embankment obstructed a natural stream of water.
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Prom, the circuit court of Greene eo-unty. ‘ Hon. William H. Hardy, Judge. ' Beard, appellee, was plaintiff in the court below; the railroad company, appellant, was-defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court-The facts are fully stated in the opinion of the court. The issue presented to the jury for its determination was-whether or not the embankment obstructed a natural stream of water. There were no allegations in the declaration warranting a recovery of damages caused by the obstruction of mere surface water, for the plaintiff did not…
1Opinion of the CourtFletcher, J.
Appellee is the owner of a certain tract of land situated a short distance south of the line of appellant’s railroad in Greene county. He filed his declaration, alleging that the railroad was so constructed as that its embankment interfered with the natural course of a stream or streams known, as “open bay branches,” whereby the water was caused in times of freshets to back up and overflow plaintiff’s land. The first count of the *304declaration sought recovery of actual damages, and the second count, by proper averments made a case for punitive damages. The railroad company filed a special plea,…
2Cases cited5 opinions
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Illinois Central Railroad v. MillerMississippi Supreme Court · 1891
- Yazoo & Mississippi Valley Railroad v. DavisMississippi Supreme Court · 1896
- Kansas City, Memphis & Birmingham Railroad v. LackeyMississippi Supreme Court · 1895
- Illinois Central Railroad v. WilbournMississippi Supreme Court · 1896
3Cited by5 opinions
- Mobile O.R. Co. v. TaysMississippi Supreme Court · 1926
- Miller v. ErvinMississippi Supreme Court · 1942
- Indian Creek Drainage Dist. No. 1 v. GarrottMississippi Supreme Court · 1920
- Jones v. GeorgeMississippi Supreme Court · 1921
- Toler v. Bear Creek Drainage Dist.Mississippi Supreme Court · 1925