Kansas City, Memphis & Birmingham Railroad v. Spencer
Mississippi Supreme Court
From the circuit court *of Benton county. HoN. Eugene Johnson, Judge. Action begun May 6, 1893, by J. J. Spencer and wife against the Kansas City, Memphis & Birmingham Railroad Company, to recover of defendant the statutory penalty for failure to construct and maintain certain cattle guards and a crossing for a plantation road. Plaintiffs owned a tract of land, on which their residence was situated, adjoining the railroad on the north side.
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From the circuit court *of Benton county. HoN. Eugene Johnson, Judge. Action begun May 6, 1893, by J. J. Spencer and wife against the Kansas City, Memphis & Birmingham Railroad Company, to recover of defendant the statutory penalty for failure to construct and maintain certain cattle guards and a crossing for a plantation road. Plaintiffs owned a tract of land, on which their residence was situated, adjoining the railroad on the north side. They did not own any land south of the railroad, but had been in possession of a tract on that side, of about thirty acres, as tenants at will, since…
1Opinion of the CourtWhitfield, J.
The requiring a railroad corporation, incorporated before or after the act containing the requirements is passed, to construct and maintain ‘ ‘proper stock gaps and cattle guards, ” is a perfectly legitimate exercise of the police power of the state. *501Nothing can be added to the completeness and conclusiveness of the reasoning of Chief Justice Bedfield on this precise question in Thorpe v. Railroad Co., 62 Am. Dec., 625. The same doctrine is expressly announced in Railway Co. v. Emmons, 149 U. S. (56 Am. & Eng. R. R. Cas., p. 169); Gorman v. Railroad Co., 72 Am. Dec., 220; 2 Morawetz on…
2Cases cited8 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Railroad v. CriderTennessee Supreme Court · 1892
- Bott v. PrattSupreme Court of Minnesota · 1885
- Grissell v. Housatonic RailroadSupreme Court of Connecticut · 1886
- Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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3Cited by7 opinions
- Lum v. Jackson Industrial Uniform Service, Inc.Mississippi Supreme Court · 1965
- Gilchrist-Fordney Co. v. ParkerMississippi Supreme Court · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1916
- Alabama & Vicksburg Railway Co. v. LigonMississippi Supreme Court · 1896
- Sardis & Delta R. R. v. GordonMississippi Supreme Court · 1911
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