Natchez, Jackson & Columbus Railroad v. Currie

Citations

• 62 Miss. 506

Syllabus

<p>1. Railroad. Damages of land. Enhancement of value. Rule in trespass.</p> <p>The measure of damages for the unlawful entry upon land, and the construction and operation of a railroad through the same, cannot be diminished by the enhancement of the value of adjacent lands, resulting from the building of such road; and this rule is applicable in trespass as well as in any other action for the ascertainment of such damages.</p> <p>2. Same. Injury to land. Action of trespass. Possession.</p> <p>To entitle the owner of land thus entered, used, and damaged to maintain trespass for such injury it is not necessary that he should be in possession at the time of commencing his action, but only that he should have had possession at the time of the entry.</p>