Louisville, New Orleans & Texas R. R. v. Dickson

Citations

• 63 Miss. 380

Syllabus

<p>1. Railroad. Might of way. Proceedings to condemn. Appointment of commissioners. Act of 1882. Session laws of 1882, page 920, construed,.</p> <p>Under an act of incorporation of a railroad company, which provides that the appointment of commissioners to assess damages in favor of parties over whose land a right of way is sought to be condemned shall be made by the Chancellor, and in vacation by the chancery clerk, it is the duty of the Chancellor on proper application to appoint such commissioners at once, whose duty it is to proceed immediately to assess the damages. The statute does not contemplate the delay of a chancery suit with all of its incidents as the means of initiating the contest between the parties as to the “ due compensation” to the owner.</p> <p>2. Same. Might of way. Measure of damages. Mailroad company distinguished from ordinary trespasser.</p> <p>Where a railroad company, without having acquired a right of way, enters upon land, and constructs its road thereon, and afterward proceeds to have the right of way over such land condemned, the landowner is not entitled to have the value of the improvements constituting the railroad placed on his land included in the amount of damages awarded in such proceeding. For such railroad company, though a trespasser, still has the right under its charter to acquire a right of way by condemnation, unaffected by its liability for the trespass. The rule of the common law as to a trespasser who affixes chattels to the freehold does not apply to a railroad company, whose liability is limited to damages for the trespass and “ due compensation,” recoverable in the proceeding appropriate to each.</p>