Yazoo & Mississippi Valley Railroad v. Lefoldt
Mississippi Supreme Court
From the circuit court of Warren county. IIon. Oliver W. Catchings, Judge. Lefoldt, the appellee, was plaintiff, and the railroad company, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are apparent from the opinion of the court.
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From the circuit court of Warren county. IIon. Oliver W. Catchings, Judge. Lefoldt, the appellee, was plaintiff, and the railroad company, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are apparent from the opinion of the court. Section 17 of the constitution of 1890 is as follows: “Private property shall not be taken or damaged for public use, except on due compensation being first made to the owner or owners thereof in a manner to be prescribed by law; and whenever an attempt is made to take…
1Opinion of the Court
Cali-iooNji J\,
delivered the opinion of the court.
In an action for damages to his real property, caused by raising the grade of the street in front of it, the plaintiff below, appellee here, showed in evidence that the defendant company did raise the street several feet; that this damaged his property to the amount of his recovery; that there was a grade of the street established and the street paved with rock by the city of Vicksburg, and that this was raised by defendant by the deposit of gravel, and that it was not necessary to raise the grade in order to keep it in repair with gravel. It…
2Cases cited6 opinions
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
- City of Vicksburg v. HermanMississippi Supreme Court · 1894
- Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
- Stowers v. Postal Telegraph Cable Co.Mississippi Supreme Court · 1891
- Alabama & Vicksburg Railway Co. v. BloomMississippi Supreme Court · 1893
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3Cited by3 opinions
- Parker v. State Highway CommissionMississippi Supreme Court · 1935
- City of Greenwood v. GwinMississippi Supreme Court · 1929
- Yazoo & Mississippi Valley Railroad v. SmithMississippi Supreme Court · 1907