Natchez, Jackson & Columbus Railroad v. Currie
Natchez, Jackson & Columbus Railroad v. Currie
Opinion of the Court
delivered the opinion of the court.
The rule that the increased value given to adjacent lands by the construction of a railroad cannot be considered in determining the compensation to be paid for the right of way, is as applicáble in an action of trespass brought by the owner against the railroad company to recover damages for an unlawful entry, as in an action brought by the company to condemn the right of way. It is a rule of right for the measuring of damages and is applicable in all actions in which these damages are the subject of the proceedings.
The plaintiff was in' possession of the premises at the time the injury complained of was inflicted, and is entitled to a recovery in this action.
Both of these questions were decided in the case of N. & G. N. R. R. Co. v. Moye, 39 Miss. 374.
Judgment affirmed.
Reference
- Full Case Name
- Natchez, Jackson and Columbus Railroad Company v. Jane E. Currie
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Railroad. Damages of land. Enhancement of value. Rule in trespass. The measure of damages for the unlawful entry upon land, and the construction and operation of a railroad through the same, cannot be diminished by the enhancement of the value of adjacent lands, resulting from the building of such road; and this rule is applicable in trespass as well as in any other action for the ascertainment of such damages. 2. Same. Injury to land. Action of trespass. Possession. To entitle the owner of land thus entered, used, and damaged to maintain trespass for such injury it is not necessary that he should be in possession at the time of commencing his action, but only that he should have had possession at the time of the entry.