Lackey v. Saint Louis & San Francisco R. R.
Mississippi Supreme Court
Appeal from the circuit court of Lee county. Hon. J. H. Mitchell, Judge. Suit by Caroline Lackey et al. against the St. Louis & San Francisco Railroad Company. From a judgment for defendant, plaintiff appeals. The following’ is the second, count of the declaration, referred to in the opinion.
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Appeal from the circuit court of Lee county. Hon. J. H. Mitchell, Judge. Suit by Caroline Lackey et al. against the St. Louis & San Francisco Railroad Company. From a judgment for defendant, plaintiff appeals. The following’ is the second, count of the declaration, referred to in the opinion. “(2) And for further cause of action plaintiffs aver that said defendant, being incorporated as a railroad company as aforesaid, did on or about the-day of -, 1886, enter upon said land while so owned and in the possession of the said W. L. Lackey, and did then and there build its railroad roadbed,…
1Opinion of the CourtSmith, J.
This cause was formerly before this court on demurrer, and will be found reported in 94 Miss. 893, 48 South. *344238. It is a suit in which appellants seek to recover of appellee damages alleged to have been sustained by reason of a portion of their land, adjoining appellee’s right of way, being overflowed with water, on account of appellee not maintaining an outlet as it had contracted to do. The second count of the declaration, and the contract entered into between appellee and W. L. Lackey, will be set out in full by the reporter.
According to the bill of exceptions, “after the jury had…
2Cases cited1 opinion
- Lackey v. St. Louis & San Francisco RailroadMississippi Supreme Court · 1909
3Cited by6 opinions
- Oliver v. MilesMississippi Supreme Court · 1926
- Bouyer v. City of BessemerAlabama Court of Appeals · 1921
- Gill v. L. N. Dantzler Lumber Co.Mississippi Supreme Court · 1929
- Pigford v. HowseMississippi Supreme Court · 1928
- Ezell v. HeltonMississippi Supreme Court · 1970
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