Balfour v. Louisville, New Orleans & Texas Railroad

Mississippi Supreme Court
Balfour v. Louisville, New Orleans & Texas Railroad, 62 Miss. 508 (Miss. 1885)
Campbell

Balfour v. Louisville, New Orleans & Texas Railroad

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The second instruction asked by the appellant should have been given. Not the value of the strip of land taken as a strip alone was the criterion of compensation, but its value in relation to the whole tract of which it was a part. A parcel of land in that shape might in itself be of little value, when in connection with that from which it was severed its value would be great. The proper measure of damages is the difference in value of the whole tract before and after the taking of the strip by the appellee.

According to the only evidence of valuation of the land before the jury, the sum allowed the appellant was less than is necessary to make her whole with reference to the damage done her by the appropriation of her land to the use of the appellee.

Decree reversed, new trial granted, and cause remanded.

Reference

Full Case Name
E. H. Balfour v. Louisville, New Orleans and Texas Railroad Company
Cited By
4 cases
Status
Published
Syllabus
Railroad Right of Way. Measure of damages for land, condemned. In the condemnation of land for a railroad right of way, the measure of damages is the difference in value of the whole tract before and after the taking of the strip condemned, and not the value of such strip viewed independently of the other parts of the tract.