Thompson v. Mobile, Jackson & Kansas City Railroad
Mississippi Supreme Court
Appeal from the circuit court of Neshoba county. Hon. C. L. Dobbs, Judge. Suit by N. B. Thompson against the Mobile, Jackson & Kansas City Railroad Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Neshoba county. Hon. C. L. Dobbs, Judge. Suit by N. B. Thompson against the Mobile, Jackson & Kansas City Railroad Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. There are many errors assigned but in this brief we shall attempt to present that the court erred in giving' instructions 3, 5, 6, 9 and 10 and in presenting our views,, we shall endeavor to do so along elementary lines, so well established and recognized by law writers and the courts, as to need no citations to sustain them. These…
1Opinion of the CourtCook, J.
This suit was filed in the circuit court of Neshoba ■county by appellant for alleged damages to his land caused by the obstruction of the surface water, and also the obstruction of the flow of the streams draining his land, etc. The railroad company filed the general issue; *659and gave notice that they would rely upon the “act of God” in defense of the alleged damages.
The evidence shows indisputably that the land of appellant was overflowed, and that the overflow damaged the crops growing thereon, and there is testimony tending to show that a permanent damage to the land also followed from the…
2Cases cited1 opinion
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
3Cited by6 opinions
- Yazoo & M. V. R. v. SultanMississippi Supreme Court · 1913
- Yazoo & M. V. R. v. ScottMississippi Supreme Court · 1915
- Miller v. ErvinMississippi Supreme Court · 1942
- Indian Creek Drainage Dist. No. 1 v. GarrottMississippi Supreme Court · 1920
- Jones v. GeorgeMississippi Supreme Court · 1921
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