Mississippi & Tennessee R. R. v. Archibald
Mississippi Supreme Court
From the circuit court of Panola county, second district. Hon. W. M. Rogers, Judge. The facts are stated in the opinion.
Read the full summary
From the circuit court of Panola county, second district. Hon. W. M. Rogers, Judge. The facts are stated in the opinion. The instructions for the plaintiff, which are referred to in the opinion, are as follows :— 1. “If the jury believe from the evidence that the filling up of the water-course at the first trestle by the defendant on its right-of-way over the land in question — if the jury believe from evidence there was such water-course — has prevented a stream of water running naturally through the land from regaining the natural channel, which channel had been running, and closed by…
1Opinion of the CourtWoods, C. J.
This action was instituted by appellees in the circuit court of Yalobusha county, for the recovery of damages alleged to have been sustained by reason of the negligence of appellant in the building and repair of certain trestles over certain water-courses, which drained the lands of appellees, by means of which negligent building and repair, the said water-courses were filled up and choked, and said lands overflowed and submerged and their value destroyed. There was a plea of not guilty filed by the railroad company, and a change of venue to the 2d district of Panola county by consent of the…
2Cited by5 opinions
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Searcy v. HunterTexas Supreme Court · 1891
- Michigan Wisconsin Pipeline Co. v. MooreDistrict Court, N.D. Mississippi · 1970
- Mississippi Central Railroad v. MageeMississippi Supreme Court · 1908
- Stillman v. PendletonSupreme Court of Rhode Island · 1905