Merrin v. De Soto County

Mississippi Supreme Court
Merrin v. De Soto County, 110 Miss. 254 (Miss. 1915)
70 So. 348
Cook

Merrin v. De Soto County

Opinion of the Court

Cook, J.,

delivered the opinion of the court.

All of the evidence in this case shows that appellant was damages by the alteration of the public road abutting on his premises. All of the witnesses agreed that it would cost something to restore the status quo.

At the very least, a peremptory instruction should have been given for plaintiff, appellant here, telling the jury that they should allow the plaintiff such sum as would be necessary to reconstruct the roadway leading from the public highway into plaintiff’s premises.

The alleged benefits to plaintiff because of the improvement of the highway were such beuefits as were receivd by the general public, and no more, and this, of course, will not serve to offset his claim of damages.

Reversed and remanded.

Reference

Cited By
1 case
Status
Published
Syllabus
1. Eminent Domain. Alteration of highway. Damages to abutting owners. Set-off of benefits. Where in altering a public highway it was lowered to such a depth that it made it necessary for plaintiff to construct a new approach from the highway to his residence, he was entitled to recover at least the cost of constructing such new approach. 2. Same. In such case the county could not offset plaintiff’s damages by the benefits accruing to plaintiff because of the improvement of the highway, where such benefits were such as were received by the general public and no more.