Southern Railway Co. v. Murrell
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. Frank A. Montgomery, Judge. Murrell, the appellee, was the plaintiff in the court below; the railway company, the appellant, was defendant there. From a judgment in plaintiff’s favor, the railway company appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Sunflower county. Hon. Frank A. Montgomery, Judge. Murrell, the appellee, was the plaintiff in the court below; the railway company, the appellant, was defendant there. From a judgment in plaintiff’s favor, the railway company appealed to the supreme court. The facts are stated in the opinion of the court. The question of liability depends entirely upon the construction to be given to § 3561, code of 1892. This court has uniformly held that this statute is highly penal in its nature, must be strictly construed, and will not be extended beyond the plain and…
1Opinion of the CourtCalhoon, J.
Section 3561 of the present code is this: “It is the duty of every railroad company to construct and maintain all necessary or proper stock gaps and cattle guards where its track passes through inclosed land. . . . For any failure so to do, the railroad company shall be liable to pay two hundred and fifty dollars, to be recovered by the person interested.” Our first legislative action on the subject-matter of this section was by an act of 1884. (Laws 1884, p. 42.) Before there was any statute on the subject, it was held that railroad companies were under no obligation to ‘ ‘ construct these…
2Cases cited4 opinions
- Vicksburg & Meridian Railroad v. DixonMississippi Supreme Court · 1883
- Seelbinder v. Illinois Central RailroadMississippi Supreme Court · 1895
- Alabama & Vicksburg Railway Co. v. LigonMississippi Supreme Court · 1896
- Kansas City, Memphis & Birmingham Railroad v. JonesMississippi Supreme Court · 1895
3Cited by2 opinions
- Mississippi R. Commission v. Illinois Cent. R.Mississippi Supreme Court · 1916
- Jackson v. St. Louis & S. F. Ry. Co.Mississippi Supreme Court · 1919