Conners v. Tazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From tbe circuit court of Warren county. Hon. George AndersoN, Judge. Mrs. Conners and others, tbe appellants, were plaintiffs, and tbe railroad company, tbe appellee, was defendant in tbe court below. From a judgment in defendant’s favor tbe plaintiffs appealed to tbe supreme court.
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From tbe circuit court of Warren county. Hon. George AndersoN, Judge. Mrs. Conners and others, tbe appellants, were plaintiffs, and tbe railroad company, tbe appellee, was defendant in tbe court below. From a judgment in defendant’s favor tbe plaintiffs appealed to tbe supreme court. One Mrs. Rigby owned some lots in Vicksurg fronting on Levee street, and on January 9, 1890, executed tbe following-deed to tbe Louisville, New Orleans & Texas Railway Company, under wbicb company defendant now claims: “In consideration of $1,500, I release, remise, and quitclaim to tbe Louisville, New Orleans &…
1Opinion of the Court
Wi-iiTEiELn, O. J.,
delivered the opinion of the court.
We think the true construction of the Rigby deed is that it is simply a release of all damages caused by the operation of the railroad along the right of way. The damage here complained of resulted from the unlawful elevation of the street and the track in front of plaintiffs’ lots. The express language in the release provides: “This release, however, not to extend to nor permit the unlawful operation of said railroad over said street in the running of cars, or otherwise.” This does not provide *361against damages caused by an unlawful…
2Cited by1 opinion
- Yazoo & Mississippi Valley Railroad v. SmithMississippi Supreme Court · 1907