Meridian & M. Ry. Co. v. Betbeze

Citations

• 111 Miss. 810
• 72 So. 233

Syllabus

<p>1. Eminent Domain. Right of defendant to damages. Statute. Excessive judgment.</p> <p>Under Code 1906, section 1877, so providing, where a railway company instituted an eminent domain proceeding against plaintiff and dismissed the same, plaintiff was entitled to recover of the railway company in an action brought therefor, all reasonable expenses, including attorney fees, incurred by him in defending' the suit.</p> <p>2. Same.</p> <p>In such case where the property sought to be condemned was valuable and the defendant in such proceeding had employed counsel who had prepared their case and were ready for trial when the proceeding was dismissed, a judgment for the defendant therein (plaintiff here) of five hundred dollars for attorney fees, twenty-five dollars for loss of defendant’s time and seventy-five dollars for the expense of hiring a man to assist in preparing the case, was nof excessive.</p>