Legal Opinion

Mississippi Central Railroad v. Caruth

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 3 opinions

Error to tbe Circuit Court of Marshall County. Hon. Orlando Davis, Judge. ■ The reporters find no record in this case, and can give no abstract or briefs, but the facts of the case are sufficiently set out in the opinion of the court for a fair understanding of the principles involved in the case.

1Opinion of the CourtPeyton, C. J.

John Caruth, on the 24th day of June, 1870, sued the Mississippi Central Railroad Company in the circuit court of Marshall county,,for the recovery of damages alleged to have been sustained by him by the overflow of his land, produced by the neglect of the defendants to construct their road-bed and keep well opened the necessary and proper ditches and drains for the passage of water.

To this suit the defendants pleaded two pleas : 1. The plea of not guilty; and, 2. The statute of limitations. Upon the issues taken upon these pleas by the plaintiff, the cause was submitted *78to a jury, who found…

2Cases cited2 opinions

  1. Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
  2. Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870

3Cited by3 opinions

  1. McMurray v. BasnettSupreme Court of Florida · 1882
  2. Southern Beverage Co. v. BarbarinMississippi Supreme Court · 1954
  3. Hill v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1901

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