Romano v. Yazoo & Mississippi Valley Railroad
Romano v. Yazoo & Mississippi Valley Railroad
Opinion of the Court
delivered the opinion of the court.
We think it was error to overrule plaintiff’s motion to exclude evidence of the enhanced value of his intestate’s property “for warehouse purposes” by reason of the building of the side track. It could only induce the jury to think they might offset by enhanced values any damages they might find.
We think the refusal of the fourth instruction for the plaintiff was correct. As stated, it is confusing. There was only one track involved, and the statute of limitations would begin to run from the commencement of operations by the railroad company. The fifth instruction for the plaintiff should have been given.
The second instruction for the defendant was properly given. The third instruction for the defendant may or may not have been properly given. If the date in this record — January 11, 1901 — is the true date, it was error to give it. It takes six years from the date of the commencement of operations to bar such an action. The giving of the fourth instruction for the de
Reversed and remanded.
Reference
- Full Case Name
- Samuel R. Romano, Administrator, etc. v. Yazoo & Mississippi Valley Railroad Company
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Eminent Domain. Damages. Evidence. ■Statute of limitations. Code 1892, § 2737. Instruction. In an action for damages to real property, not used for warehouse purposes, caused by the construction and operation of a railroad sidetrack in front of it: (a) Evidence showing that the property was enhanced in value for warehouse purposes by the construction of the track is inadmissible ; and (b) An instruction asked by plaintiff to the effect that if the sidetrack damaged the property for the use to which it was put by plaintiff, its enhanced value for warehouse purposes should not be set off against such damages, should be given; and (c) An instruction asked by defendant to the effect that unless the jury believe that the property was damaged by the construction of the sidetrack, they should find for defendant, should be modified so as to allow plaintiff to recover nominal damages; and (d) The statute of limitations applicable is Code 1892, §2737 — the six-years statute.