Memphis & Charleston Railroad v. Payne
Mississippi Supreme Court
Error to the Circuit Court of Tishemingo county. Hon. Joel M. Acker, judge. This was an action by defendant in error against the plaintiffs in error, to recover damages occasioned by the cutting of trees, excavation of earth, and the erection of a railroad on his land.
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Error to the Circuit Court of Tishemingo county. Hon. Joel M. Acker, judge. This was an action by defendant in error against the plaintiffs in error, to recover damages occasioned by the cutting of trees, excavation of earth, and the erection of a railroad on his land. Plaintiff below also filed an amended count, to recover the amount assessed by a jury under the provisions of the charter of the railroad company; but this count was withdrawn, and a trial had on the original declaration in trespass. Defendants filed several special pleas, in which they set up as a defence a provision in their…
1Opinion of the Court
Handy, J.,
delivered the opinion of the court.. The simple question upon which this case depends is, whether the railroad company, by mere force of its charter, and without any steps having been taken, either by the company or by the proprietor of the-lahd over which the railroad passed, to assess its value, or to entitle the company to appropriate it to their use, was authorized to enter upon the land and to treat it as their property, for the purposes, and with the power over it, contemplated by the charter? For, though by the second count in the amended declaration, it appears that an…
2Cited by6 opinions
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Virginia & Truckee Railroad v. HenryNevada Supreme Court · 1873
- Cairo & Fulton R. R. v. TurnerSupreme Court of Arkansas · 1876
- Gulf & Ship Island Railroad v. SingleterryMississippi Supreme Court · 1901
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