Alabama & V. Ry. Co. v. Daniels

Citations

• 108 Miss. 68
• 66 So. 324

Syllabus

<p>1. Waters and Watercourses. Surface water'. Flowage. Injuries. Punitive damages. Question for jury. Declaration.</p> <p>In a suit for damages for the flooding of plaintiff’s lands by the improper maintenance of a railroad bed and track, evidence that the railroad authorities permitted obstructions created by them to remain unremoved for a long time after their attention was called to their presence, and that underbrush cut from the l'ight of way was thrown into the drains, is sufficient to justify the court in submitting to the jury the question of punitive damages.</p> <p>2. Waters and Watercourses. Surface water. Flowage. Declaration.</p> <p>Where, in an action for damages for the flooding of land by the improper maintenance of a railroad bed and track, the declaration did not, in express words, charge that the acts complained of were negligent, nor the character of the acts, but did advise the defendant that the actual damages claimed were a depreciation in the value of the land caused by defendant’s wrongful acts, and also demanded exemplary damages in express terms, it was sufficient.</p>