Louisville & N. R. v. Joullian

Citations

• 116 Miss. 40
• 76 So. 769

Syllabus

<p>Railroads. Right of way. Malicious destruction of property. Liability.</p> <p>Where a violent storm, dragged plaintiffs schooners from his canning factory and left them upon defendant’s railroad track and the wrecking crew of the railroad company, wilfully and wantonly destroyed them at a time when there was no through traffic and the regular trains of defendant did not have occasion to pass until many days after the boat had been destroyed and there was time for the railroad company to have employed the service of those who knew how to jack up and remove the boats from the right of way or to permit plaintiff to do this work himself which could have been done in six hours. In such case defendant was liable in damages for the reckless destruction of plaintiff’s property.</p>