Paxton v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. Paxton, the appellant, was the plaintiff in the court below. The railroad company, appellee, was defendant there. The counsel on both sides agreed that the facts were substantially identical with tbe facts in the case of Wilmot v. Yazoo, etc., R. R. Co., ante, page 374.
1Opinion of the CourtTerral, J.
Paxton sued the railroad company in trespass in the sum of $5,0'00 for the wilful and reckless destruction, in 1896, of his corn and cotton growing on his land adjacent to the roadbed of said defendant. The defendant specially pleaded an easement in the land for the construction and operation of a railroad, granted to its assignor by a former owner of the land, and alleged the crops cut up and destroyed were growing upon its right of way and were cut down by it because they had not been, planted by its consent. A demurrer to the plea being overruled, the plaintiff replied: ten years’ actual…
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