Lusby v. Kansas City, Memphis & Birmingham Railroad
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Newnan Cayoe, Judge. No express authority to relocate its line appears either in appellee’s charter or any other statutory enactment, and it does not arise by inference or implication. 6 Am. & Eng. Ene. L., p. 522; So. Pao. Railroad Go. v. Wilson, 49 Cal., 396; More-head y.
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From the circuit court of Monroe county. Hon. Newnan Cayoe, Judge. No express authority to relocate its line appears either in appellee’s charter or any other statutory enactment, and it does not arise by inference or implication. 6 Am. & Eng. Ene. L., p. 522; So. Pao. Railroad Go. v. Wilson, 49 Cal., 396; More-head y. Little Miami Railroad Go., 17 Ohio, 350. The statutory authority for an additional exercise of the right of eminent domain must be explicitly shown. 6 Am. & Eng. Ene. L., p. 541 (b), and authorities cited; Randolph’s Law of Em. Dom., p. 182. Even under the proper and authorized…
1Opinion of the CourtWoods, J.
This action was instituted by the appellant in the circuit court of Monroe county for the recovery, in one of the counts of the declaration, of actual damages, and, in the other count, for the statutory penalty for trespass in cutting trees upon appellant’s lands. The count for the actual damages was, by the appellant, dismissed in the court below, whereby the right to recover the statutory penalty for the cutting of trees was left as the sole issue to be determined.
Brushing aside all the mere forms of pleading adopted by the parties in reaching and raising this issue, we state at once the…
2Cases cited16 opinions
- McCartney v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
- Matter of Poughkeepsie Bridge CompanyNew York Court of Appeals · 1888
- Atlantic & Pacific R. R. v. City of St. LouisSupreme Court of Missouri · 1877
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ayers v. PetroMississippi Supreme Court · 1982
- Shutze v. Credithrift of America, Inc.Mississippi Supreme Court · 1992
- Brown v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1906
- Bryan v. Louisville & N. R. Co.Court of Appeals for the Eighth Circuit · 1917
- Southern Railway Co. v. HatchettCourt of Appeals of Kentucky · 1917
7 more not listed; retrieve them via the Exa API.