Legal Opinion

Nugent v. Board of Mississippi Levee Commissioners

Mississippi Supreme Court

Decided October 15, 1880PublishedCited by 20 opinions

Error to the Circuit Court of Washington County. • Hon. B. E. Trtmble, Judge. The case is stated in the opinion of the court.

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Error to the Circuit Court of Washington County. • Hon. B. E. Trtmble, Judge. The case is stated in the opinion of the court. Are defendants in error liable for negligence and recklessness in the discharge of their duties under the act of November 27, 1865, entitled “An act to incorporate the Board of Levee Commissioners for Bolivar, Washington, and Issaquena counties ” ? We.admit that a corporation is not answerable for a merelv erroneous exercise of the discretion it is vested with, however injurious the consequences ; but it is undoubtedly true that an action of trespass on the case will…

1Opinion of the Court

George, J.,

delivered the opinion of the court. ■

The plaintiffs in error were joint owners of two plantations situated in Bolivar County, and near the Mississippi River, and they brought this action in the court below against the defendant in error to recover damages which they sustained by the overflow of said plantations in the years 1872, 1874, and 1876. A demurrer was sustained to the declaration, on the ground that the defendant was not liable for the damages, and the plaintiffs sued out this writ of error.

The declaration sets out the ownership of the two plantations by the plaintiffs and…

2Cases cited3 opinions

  1. Sullivan v. LangleyMassachusetts Supreme Judicial Court · 1876
  2. Sutton v. Board of PoliceMississippi Supreme Court · 1866
  3. Ward v. ScottMississippi Supreme Court · 1880

3Cited by20 opinions

  1. Charles G. McDonald v. Board of Mississippi Levee CommissionersCourt of Appeals for the Fifth Circuit · 1987
  2. Morrison v. MoreySupreme Court of Missouri · 1898
  3. Maia's Adm'r v. Eastern State HospitalSupreme Court of Virginia · 1899
  4. Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
  5. Pidgeon Thomas Iron Co. v. Leflore CountyMississippi Supreme Court · 1924

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