Romano v. Yazoo & Mississippi Valley Railroad

Citations

• 87 Miss. 721
• 40 So. 150

Syllabus

<p>Eminent Domain. Damages. Evidence. ■Statute of limitations. Code 1892, § 2737. Instruction.</p> <p>In an action for damages to real property, not used for warehouse purposes, caused by the construction and operation of a railroad sidetrack in front of it:</p> <p>(a) Evidence showing that the property was enhanced in value for warehouse purposes by the construction of the track is inadmissible ; and</p> <p>(b) An instruction asked by plaintiff to the effect that if the sidetrack damaged the property for the use to which it was put by plaintiff, its enhanced value for warehouse purposes should not be set off against such damages, should be given; and</p> <p>(c) An instruction asked by defendant to the effect that unless the jury believe that the property was damaged by the construction of the sidetrack, they should find for defendant, should be modified so as to allow plaintiff to recover nominal damages; and</p> <p>(d) The statute of limitations applicable is Code 1892, §2737 — the six-years statute.</p>