Kansas City, Memphis & Birmingham Railroad v. Smith
Mississippi Supreme Court
From the circuit court of Monroe county. HoN. Newnan Cayce, Judge. Judgment for plaintiff. Defendant appeals. The opinion states the facts. 1. A consideration of the facts conclusively shows that the damage to plaintiff’s land was not caused by the railroad, and that the injury would have resulted if the railroad had never been constructed. The land is situated three-quarters of a mile from the road, and on the opposite side of the creek, in a pocket or bend of the stream.
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From the circuit court of Monroe county. HoN. Newnan Cayce, Judge. Judgment for plaintiff. Defendant appeals. The opinion states the facts. 1. A consideration of the facts conclusively shows that the damage to plaintiff’s land was not caused by the railroad, and that the injury would have resulted if the railroad had never been constructed. The land is situated three-quarters of a mile from the road, and on the opposite side of the creek, in a pocket or bend of the stream. In view of the plainest principle of hydraulics, with the plaintiff’s land on one side of the creek, and the railroad…
1Opinion of the CourtCooper, C. J.
This is an action brought by the appellee to recover against the appellant damages alleged to have resulted to his lands and crops from an overflow caused by obstructing the waters of Town creek by the roadbed of appellant’s railway.
It appears from the evidence that the valley through which 'Town creek flows is from two to three miles wide, and that the plaintiffs farm is situated adjacent to and in a bend of the •creek, and the land for injury to which and the crops thereon this suit is brought is south of the creek, while the roadbed of the defendant company is on the north side, and about…
2Cases cited10 opinions
- Green v. WellerMississippi Supreme Court · 1856
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- Boyd v. ConklinMichigan Supreme Court · 1884
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3Cited by21 opinions
- Motl v. BoydTexas Supreme Court · 1926
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- Welder v. StateCourt of Appeals of Texas · 1917
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
16 more not listed; retrieve them via the Exa API.