Legal Opinion

New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. Brown

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 9 opinions

Appeal from the Circuit Court of Coahoma County. Hon. J. H. Wynn, Judge. J. H. Brown brought this action of trespass against the New Orleans, Baton Rouge, Vicksburg and Memphis Railroad Company. It appears that in 1884 the defendant secured by condemnation proceedings a right of way through the plantation of plaintiff and paid him therefor about one thousand five hundred dollars.

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Appeal from the Circuit Court of Coahoma County. Hon. J. H. Wynn, Judge. J. H. Brown brought this action of trespass against the New Orleans, Baton Rouge, Vicksburg and Memphis Railroad Company. It appears that in 1884 the defendant secured by condemnation proceedings a right of way through the plantation of plaintiff and paid him therefor about one thousand five hundred dollars. In 1884 the defendant, in order to secure dirt for uses on other parts of its road, began digging dirt from its right of way through plaintiff’s plantation, and in some instances dug as deep as' ten feet and in…

1Opinion of the CourtCampbell, J.

The verdict should have been set aside. There is nothing in the evidence to support it. The appellant did nothing but what it had the right to do, except the trivial and immaterial breaking over the line of its right of wáy at a few points, and for which no more than actual damages are recoverable, and the court should have told the jury so, and should not have submitted the question of punitive damages for its consideration. The plaintiff is not entitled to recover anything from the defendant fordoing what it had the right to do, no matter why it may have done it, and the effort to distort…

2Cited by9 opinions

  1. Smith v. Mississippi State Highway Com'nMississippi Supreme Court · 1982
  2. Lebanon v. DillardTennessee Supreme Court · 1927
  3. Mississippi State Highway Commission v. HerringMississippi Supreme Court · 1961
  4. Moose v. Swamp Dredging Co.Mississippi Supreme Court · 1921
  5. Alabama & Vicksburg Railway Co. v. StingilyMississippi Supreme Court · 1916

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