Yazoo & M. V. R. Co. v. McConnell
Mississippi Supreme Court
Appeal from chancery court of Yazoo county. Hon. Y. J. Stricter, Chancellor. Action by Peter McConnell and others against the Yazoo & Mississippi Valley Railroad Company. Judgment for plaintiffs, and both parties appeal. The bill shows that the several complainants each own, in fee-simple, a separate tract of land, and that each sues for damage, not because of any interference with the drainage by one embankment, or the closing of one stream.
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Appeal from chancery court of Yazoo county. Hon. Y. J. Stricter, Chancellor. Action by Peter McConnell and others against the Yazoo & Mississippi Valley Railroad Company. Judgment for plaintiffs, and both parties appeal. The bill shows that the several complainants each own, in fee-simple, a separate tract of land, and that each sues for damage, not because of any interference with the drainage by one embankment, or the closing of one stream. Each has specially shown, by the “Exhibit A” made a part of the bill, and by agreement sent to the court, that his separate land is caused to overflow…
1Opinion of the CourtSykes, J.
The appellees by their original bill separately seek to recover damages from the appellant (defendant in the court below). They also seek to abate as a nuisance some levees erected by appellant and to have it close certain culverts maintained by'it. As an exhibit to the bill is a map showing the location of the lands of the complainants, the railroad track, the levees and culverts erected and maintained by the defendant. The material allegations of the bill are: That the complainants are landowners adjacent to, and some of them owning land on both sides of, the railroad light of way. The land…
2Cases cited4 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
- Mills v. New Orleans Seed Co.Mississippi Supreme Court · 1888
- Roberts v. BurwellMississippi Supreme Court · 1918
3Cited by4 opinions
- Cook Industries, Inc. v. CarlsonDistrict Court, N.D. Mississippi · 1971
- Burnett v. BassMississippi Supreme Court · 1929
- Stigall v. Sharkey CountyMississippi Supreme Court · 1952
- Stigall v. Sharkey CountyMississippi Supreme Court · 1945