Yazoo & M. V. R. v. Sultan

Citations

• 106 Miss. 373
• 63 So. 672

Syllabus

<p>1. Railboads. Damages from construction and maintenance. Duty to mitigate damages. Landlord and tenant. Lease. Construction. Injuries from floods. Pleading.</p> <p>Though it is the duty of a party to protect himself from the injurious consequences of the wrongful act of another, if he can do so by ordinary effort and care or at moderate expense, still 'ordinary cáre does, not require a tenant of a plantation- to dig-’a .ditch to protect his crop from overflow caused by a railroad obr str.ucting the natural flow of water.</p> <p>2. Landlord and Tenant, . Lease. Construction.</p> <p>,; .Without authority from his landlord, a tenant has no right to construct a ditch on the rented property and a lease providing that the tenant should keep all ditches open and ditch banks clean, gave no such right as such provision only referred to '■ 'ditches already constructed.- . ■</p> <p>3. Damages. Mitigation. Pleading.</p> <p>Matters in mitigation' of damages merely, may be given in evi-- ■ ■ dence under the general issue, for by that plea the defendant puts \\ upon the plaintiff, not only the proof of Ms injury but its extent.</p>