Wilson v. Yazoo & M. v. R.

Anderson, J.,

delivered a dissenting opinion.

The construction of this statute is governed by analogous principles applied by this court in construing the tree-cutting statute, Section 3411 of the Code. The mere language of that statute imposed the penalty without any regard to whether the trees were knowingly or negligently cut, if the cutting was without the consent of the owner. In construing that statute the court laid down these principles: That despite the language used in the statute the court has repeatedly ruled that simple negligence as distinguished from willfulness, recklessness or…