New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. Brown

Citations

• 64 Miss. 479

Syllabus

<p>1. Raimioad Comp any. Right of way. Removal of dirt therefrom. Injury to landowner. Case in judgment.</p> <p>A railroad company caused to be condemned and paid for a right of way through B.’s plantation. In order to get dirt for use on other parts of its road, it caused excavations to be made, which formed pits in its right of way through B.’s premises. Held, that the railroad company had the right to use its right of way for such purpose, and B. cannot recover damages thereby occasioned on account of the unsightliness of his plantation or its supposed unhealthiness from water standing in the field, or the inconvenience of crossing over such right of way.</p> <p>2. Same. Right of way. Trivial breaking over in making excavations. Measure of damages.</p> <p>And if in such case the railroad company in making the excavations accidentally or to a trivial extent broke over its right of way into B.’s land, B. is not entitled to punitive damages therefor but only to actual damages.</p> <p>3. Same. Excavation of right of way. Evidence of malice. Case in judgment.</p> <p>And in such case proof that the foreman in the employ of the company who directed the work said that he intended “ to take enough of dirt out of that pit to overpay what had been assessed to B.,” in payment for such right of way over B.’s land, is no evidence of malice on the part of the company in making such excavations.</p>