Sardis & Delta R. R. v. Gordon
Mississippi Supreme Court
Appeal from the circuit court of Panola county. Hon. W. A. Eoane, Judge. Suit by Mrs. S. A. Gordon against the Sardis & Delta Eailroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. This section of the Code under which this action is brought, No. 4058 of the Code of 1906, is highly penal, and should.be strictly construed.
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Appeal from the circuit court of Panola county. Hon. W. A. Eoane, Judge. Suit by Mrs. S. A. Gordon against the Sardis & Delta Eailroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. This section of the Code under which this action is brought, No. 4058 of the Code of 1906, is highly penal, and should.be strictly construed. Railroad v. Anderson, 76 Miss. 582; Railroad v. Murrill, 78 Miss. 446. The language of the statute is that the railroad company shall “maintain convenient and suitable crossings over its track for necessary…
1Opinion of the CourtMcLean, J.
The appellee brought suit in the circuit of Panola county against appellant for failure of appellant to construct and maintain two plantation crossings over the line of the defendant company and through appellant’s farm. The suit was for the statutory penalty of two hundred and fifty, dollars, as provided by section 4058 of the Code of 1906, and in addition thereto for ac*791tual damages of two hundred dollars. The cause was. submitted to a jury, and the jury returned a verdict for two hundred and fifty dollars, the statutory penalty. It. is urgently insisted by appellant that the cause should be…
2Cases cited1 opinion
- Kansas City, Memphis & Birmingham Railroad v. SpencerMississippi Supreme Court · 1894
3Cited by1 opinion
- Illinois Central Gulf Railroad v. TravisMississippi Supreme Court · 2012