Lackey v. St. Louis & San Francisco Railroad

Citations

• 94 Miss. 893
• 48 So. 238

Syllabus

<p>Railroads. Road ted. Maintenance. Overflow of land. Adjustment of past damages. Altered construction. Release of future damages.</p> <p>Where In the adjustment of a claim for past damages caused by overflows of land, a railroad company makes alterations in its road bed, and, in consideration thereof, the owner released it from future damages caused by the operation of the road as altered, and the alteration consisted partly in the cutting of a ditch on its right of way and the company kept the ditch opened for several years after the adjustment, the release does not operate to relieve the railroad company from damages resulting from a subsequent failure to keep the ditch opened.</p>