Warren County v. Rand
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Oliver W. Oatci-iings, Judge. ■ Mrs. Rand and others, the appellees, were plaintiffs in the eourt below; Warren county was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. Appellees owned certain lots in the suburbs of the city of Yicksburg, abutting on Baldwin Ferry highway.
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From the circuit court of Warren county. Hon. Oliver W. Oatci-iings, Judge. ■ Mrs. Rand and others, the appellees, were plaintiffs in the eourt below; Warren county was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. Appellees owned certain lots in the suburbs of the city of Yicksburg, abutting on Baldwin Ferry highway. Many years before this suit was instituted, those from whom appellees inherited the lots had graded them to the level of the highway and built improvements on them. In 1903 Warren county had the highway in front of the lots in…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The first instruction given for the plaintiff is not, we think, fairly open to criticism. That instruction is as follows: “The court instructs the jury that private property, cannot be damaged for public u'se, except on duo compensation being first made to the owner or owners thereof.” If it were the only instruction given there would be more reason for saying that the criticism was not hypercritical. But there were three other charges given for the plaintiff, and the instructions should be taken as a whole. The learned counsel for appellant…
2Cited by7 opinions
- Mississippi State Highway Commission v. HillmanMississippi Supreme Court · 1940
- Muse v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
- Pearl River Valley Water Supply District v. WoodMississippi Supreme Court · 1965
- Baker v. Mississippi State Highway CommissionMississippi Supreme Court · 1948
- Schlicht v. ClarkMississippi Supreme Court · 1917
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