Crowell v. New Orleans & Northeastern R. R.

Citations

• 61 Miss. 631

Syllabus

<p>1. Landlord and Tenant. Power of landlord over the premises during the term.</p> <p>The tenant is the owner of the leased premises during the term, and the landlord c ,m confer no right on others in respect to them which he could not himself exercise.</p> <p>2. Same. Trespass. Railroad right of way.</p> <p>A railroad company entering and constructing' its roadbed upon the leased premises under authority from the landlord only is a trespasser, and the ten- ' ant can recover from it for injuries inflicted.</p> <p>3. Same. Notice. Damages for throwing down fence.</p> <p>Though a'tenant tacitly permits a railroad company to construct its roadbed on the leased premises, the construction by him of a fence across the works is notice that he intends to protect his crop in that way, and the destruction of the fence by the company will render it liable in damages for injuries resulting therefrom.</p>