Theobold v. Louisville, New Orleans & Texas Railway Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Ralph North, Judge. This was an action of trespass brought in 1888 against the Louisville, New Orleans and Texas Railway Company by the appellant, Theobold, the owner of a lot of land situated on Levee street iu the city of Vicksburg. The defendant owns and operates a line of railroad extending from Memphis, Tenn., to New Orleans, passing through Vicksburg and over Levee street.
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From the circuit court of Warren county. Hon. Ralph North, Judge. This was an action of trespass brought in 1888 against the Louisville, New Orleans and Texas Railway Company by the appellant, Theobold, the owner of a lot of land situated on Levee street iu the city of Vicksburg. The defendant owns and operates a line of railroad extending from Memphis, Tenn., to New Orleans, passing through Vicksburg and over Levee street. The declaration alleges that the defendant in 1883, without any condemnation proceedings and without permission of plaintiff, constructed its track on said street and has…
1Opinion of the CourtArnold, C. J.
Whether the abutting owner of land on a public street has such interest in the street as to require condemnation, or his consent, before the street can be lawfully used by a railroad company for constructing its track and operating its trains on the street, and to enable him to recover compensation for injuries sustained on account of the street being used for such purpose, is an open question in this state. There was some consideration of the subject in Danna*285her v. The State, 8 S. & M. 649, and in N. O., J. & G. N. R. R. v. Moyer, 39 Miss. 374, but the question was not decided in either case.
2Cases cited9 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Haynes v. ThomasIndiana Supreme Court · 1855
- South Carolina Railroad v. SteinerSupreme Court of Georgia · 1871
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3Cited by26 opinions
- Southwestern Telegraph & Telephone Co. v. SmithdealTexas Supreme Court · 1911
- Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- Marshall v. Standard Oil Co.California Court of Appeal · 1936
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