Alabama & Vicksburg Railway Co. v. King
Mississippi Supreme Court
From the circuit court of Warren county. IIon. John N. Busi-i, Judge. Mrs. King, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was an action for damages alleged to have been suffered by the plaintiff, the owner of dwelling houses, and land in the city of Vicksburg located near the tracks of the defendant railway company.
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From the circuit court of Warren county. IIon. John N. Busi-i, Judge. Mrs. King, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was an action for damages alleged to have been suffered by the plaintiff, the owner of dwelling houses, and land in the city of Vicksburg located near the tracks of the defendant railway company. Plaintiff charged in her declaration that by reason of the jarring and shaking of her houses, caused by the rapid running of the…
1Opinion of the CourtWhitfield, C. J.
This case is very largely controlled by the principles announced in the case of K. E. King v. Vicksburg Railway & Light Co., 88 Miss. 456, 42 South. 204, 6 L. R. A. (N. S.) 1036, 117 Am. St. Rep. 749. That case, among others, settled the proposition that “a corporation cannot claim exemption from liability for a nuisance maintained by it in the operation, of an electric railway power plant, whereby private property is damaged, because it is operating under a charter giving the right to do the business.” That proposition, and, indeed, the whole question involved in these two cases, is set…
2Cases cited6 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Pennsylvania Railroad v. MillerSupreme Court of the United States · 1889
- King v. Vicksburg Railway & Light Co.Mississippi Supreme Court · 1906
- Blanc v. MurraySupreme Court of Louisiana · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Highway Commission v. ChathamMississippi Supreme Court · 1935
- Robertson v. New Orleans & G. N. R. Co.Mississippi Supreme Court · 1930
- Choctaw, O. G. R. Co. v. DrewSupreme Court of Oklahoma · 1913
- St. Louis & S. F. R. Co. v. LedbetterSupreme Court of Oklahoma · 1921
- Dean v. Southern Ry. Co. in MississippiMississippi Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.