Canton, Aberdeen & Nashville Railroad v. French

Citations

• 68 Miss. 22

Syllabus

<p>1. Railroads. 1'respass. Void condemnation. Estoppel.</p> <p>In an action of trespass against a railroad company for building its road on plaintiff’s land, a plea averring that the land was, before entry, condemned and compensation tendered, is bad on demurrer if it appears that notice of the proceedings was not served on the owner but on her husband, no reason being shown for the failure to notify her. Such proceedings are void, and merely standing by while the road was being built does not estop the owner from suing in trespass.</p> <p>2. Same. Subsequent condemnation. Damages. Verdict.</p> <p>In sueli action of trespass the damages cannot be reduced by showing condemnation after the road is built and payment of the compensation fixed to the owner, for in such proceedings the original trespass is not involved and cannot be considered.</p>