Illinois Central Railroad v. Swalm
Mississippi Supreme Court
Erom tbe circuit court of Lincoln county. Hon. Robert Powell, Judged Swalm, appellee, was plaintiff, and tbe railroad company, appellant, was defendant, in tbe court below.
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Erom tbe circuit court of Lincoln county. Hon. Robert Powell, Judged Swalm, appellee, was plaintiff, and tbe railroad company, appellant, was defendant, in tbe court below. Tbe suit was a proceeding from a mandamus to compel tbe railroad company to erect a bridge over its tracks for a highway crossing. 'Appellee, Swalm and others, filed their petition with tbe board of supervisors, asking for tbe establishment and opening up of a new public road just south of tbe corporate limits of Brookhaven. Tbe proposed new road ran east and west, and was about a quarter of a mile long, intersecting two…
1Opinion of the Court
Whitpibud, O. J .,
delivered the opinion of the court.
There is no merit in any of the contentions of the appellant. The objection that the railroad was constructed and put into operation long before the highway was laid out and opened is settled by the case of the I. C. R. R. Co. v. Copiah County, 81 Miss., 685; s. c., 33 So., 502. No objection can bo made to the action of the board of supervisors in establishing this highway, upon the ground of mere irregularities. That would be to permit a collateral attack upon the judgment. No appeal had been taken. The only grounds upon which it is…
2Cases cited1 opinion
- Illinois Central Railroad v. Copiah CountyMississippi Supreme Court · 1902
3Cited by4 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Illinois Central Railroad v. StateMississippi Supreme Court · 1909
- Howard v. SchmidtSupreme Court of Kansas · 1905