Isom v. Mississippi Central Railroad
Mississippi Supreme Court
ERROR to the Circuit Court of Lafayette county. Hon. P. T„ Scruggs, judge. A jury of inquest was summoned, under the provisions of the' eighth section of the Charter of the Mississippi Central Railroad Company, to assess the damages accruing to the plaintiff in error, by reason of the use and occupation of his land for their road-bed.
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ERROR to the Circuit Court of Lafayette county. Hon. P. T„ Scruggs, judge. A jury of inquest was summoned, under the provisions of the' eighth section of the Charter of the Mississippi Central Railroad Company, to assess the damages accruing to the plaintiff in error, by reason of the use and occupation of his land for their road-bed. The jury assessed the damages at $278, but they did not state in their inquest, whether or not, in estimating said damages, they had taken into consideration the advantages accruing to plaintiff in error, by reason of the location of said road on his land. From…
1Opinion of the CourtHarris, J.
Upon the application of the defendant in error, a jury was summoned, under the provisions of its charter, to assess or “value the damages” which the plaintiff in error would sustain by the use or occupation of his land, &c. From their “inquisition,” the cause was taken to the Circuit Court, for revision, and thence to this court.
The plaintiff in error assigns the following causes: —
1st. That the court below refused to allow the case to be tried by a jury in the Circuit Court.
2d. That the court below sustained a demurrer to the first, second, third, and fourth exceptions to the verdict of the…
2Cases cited2 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Scott v. NicholsMississippi Supreme Court · 1854
3Cited by46 opinions
- Odom v. RobertsMississippi Supreme Court · 1992
- Mississippi State Highway Commission v. HillmanMississippi Supreme Court · 1940
- Wells v. Panola County Bd. of Educ.Mississippi Supreme Court · 1994
- Southern Railway Co. v. City of MemphisTennessee Supreme Court · 1912
- Littleton v. FritzSupreme Court of Iowa · 1885
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