Louisville, New Orleans & Texas Railway Co. v. Postal Telegraph-Cable Co.

Citations

• 68 Miss. 806

Syllabus

<p>1. Telesraeh Companies. Right of way. Condemnation. Act of 1886.</p> <p>The act of 1886 (Laws, p. 93) provides that if a telegraph company seeking a right of way to construct its line “ shall not agree” with the owner of the land necessary to he taken, it may resort to condemnation proceedings. Under this, where the company has made an effort to purchase the right of way and has received no reply from the owner within a reasonable time, it may lawfully proceed to condemn.</p> <p>2. Same. Commissioners. Competency appearing of record.</p> <p>In condemnation proceedings under said act the sheriff’s return on the precept need not show that he summoned, as required, “good and lawful men, citizens of the county,” to serve as commissioners ; if this fact anywhere appears in the record of the proceedings required to be kept, it will be sufficient.</p> <p>3. New Awakd. Refused. When justice has been done.</p> <p>By the terms of said statute, an application for a new award will be denied unless the judge shall be of opinion that “ the commissioners acted upon testimony that was irrelevant or incompetent, and that their award was contrary to the law and such evidence as was competent, and that injustice has been done. ’ ’</p> <p>4. Same. Mere irregularities. Illegal evidence. Value.</p> <p>A new award will not be granted because counsel for petitioners were permitted to open and conclude the argument. Nor merely because illegal evidence as to value was heard by the commissioners. Postal Tel. Co. v. A. Sp V. Ry. Co., ante, 314.</p>