Crowell v. New Orleans & Northeastern R. R.
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. Samuel H. Terral, Judge. Appellant rented a small field from one Reagan for the year 1882, and had rented and cultivated it for some years' previous.
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Appeal from the Circuit Court of Lauderdale County. Hon. Samuel H. Terral, Judge. Appellant rented a small field from one Reagan for the year 1882, and had rented and cultivated it for some years' previous. In January or February, 1882, the appellee, without the consent of appellant, having purchased a right of way for its railroad from Reagan, the landlord, surveyed its line and built its roadbed through appellant’s field, without any express objection on the part of appellant. When, however, the time for planting crops arrived appellant built his fence, which had been thrown down by…
1Opinion of the CourtCooper, J.
The appellant, having leased the land for the year 1882, was the owner of the term therein, aud it was thereafter not within the power of the landlord to confer upon the company the right to construct its road on the land during ' the term. The landlord could confer no right Avhich. he himself could not exercise over the premises. He himself Avould have been a trespasser if he had done the acts complained of, and the company, acting under his authority only, is not protected by it from a recovery by the tenant for the injury inflicted.
The tenant, though he permitted the company to construct…
2Cited by6 opinions
- IP TIMBERLANDS OPERATING CO. LTD. v. DenmissMississippi Supreme Court · 1998
- Cappaert v. JunkerMississippi Supreme Court · 1982
- Nashville, Chattanooga & St. Louis Railway v. HeikensTennessee Supreme Court · 1903
- Bentley v. City of AtlantaSupreme Court of Georgia · 1893
- STANDARD FRUIT & STEAMSHIP COMPANY v. PutnamMississippi Supreme Court · 1974
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