Dean v. Southern Ry. Co. in Mississippi

Citations

• 112 Miss. 333
• 73 So. 55

Syllabus

<p>Railroads. Operation. Noise. Damage.</p> <p>Where after the construction of defendant’s main line of railroad, plaintiff acquired a residence a short distance from the right of way, and thereafter to furnish facilities to a compress company defendant, oyer its. own property, constructed a spur track leading to the compress, and the business done over this spur track was of the same character as that done at regular freight depots, such spur track was installed to serve the general public, and the act of installation must he characterized as a public and not a private act of the railway company. In such case where there was no complaint or proof that smoke, dust, sparks or cinders were projected by defendant’s engines and trains over and upon -any of plaintiff’s property, hut the sole ground of complaint was the noise produced by the orderly operation of the cars, the plaintiff could not recover for injuries caused only by the noise, it being a case of damnum abs-que injuria.</p>