Louisville, New Orleans & Texas Railroad v. Ryan
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Waeeen Cowan, Chancellor. John M. Ryan and others are the owners of a narrow strip of land extending along the banks of the Mississippi river, in the , «city of "Vicksburg. The strip contains about six acres. In 1884 the Louisville, New Orleans and Texas Railroad Company built its road across and over this strip from north to south, and •acquired title to about ten feet in width of the whole strip.
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Appeal from the Chancery Court of Warren County. Hon. Waeeen Cowan, Chancellor. John M. Ryan and others are the owners of a narrow strip of land extending along the banks of the Mississippi river, in the , «city of "Vicksburg. The strip contains about six acres. In 1884 the Louisville, New Orleans and Texas Railroad Company built its road across and over this strip from north to south, and •acquired title to about ten feet in width of the whole strip. Afterward the company desired forty feet more of the land in •question. The opinion of the court in response to- the suggestion of error sets…
1Opinion of the Court · CooperCooper, C. J.
The court erred in permitting evidence of offers which had been made for lands, for which compensation is sought. It is not competent to prove value by such evidence. Pierce on Railroads 202; 1 Rorer on Railroads 379, n. 1.
But since it is abundantly shown, not only by the evidence for the plaintiffs, but also by that of the defendant, that the injury done is fully equal to the damages awarded, the verdict ought not to be disturbed. No witnesses examined put the damages at less than the sum awarded.
*405The criticism made by counsel for appellant that the court permitted the plaintiffs to prove the…
Also in this document: Opinion of the Court · Cooper.
2Cases cited4 opinions
- Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
- New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. DrakeMississippi Supreme Court · 1882
- Williams v. New Orleans, Mobile & Texas RailroadMississippi Supreme Court · 1882
- Pollard v. MooreSupreme Court of New Hampshire · 1871
3Cited by19 opinions
- Sharp v. United StatesSupreme Court of the United States · 1903
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Hine v. Manhattan Railway Co.New York Court of Appeals · 1892
- Alabama Central Railroad v. MusgroveSupreme Court of Alabama · 1910
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