Legal Opinion

Mobile, Jackson & Kansas City Railroad v. State

Mississippi Supreme Court

Decided November 15, 1906PublishedCited by 2 opinions

From tbe chancery court of Pontotoc county. Hon. John Quitman Bobins, Chancellor. Tbe State of Mississippi and tbe railroad commission of tbe state of Mississippi, tbe appellees, were complainants in tbe court below; tbe railroad company, tbe appellant, was defendant there. From a final decree in favor of the complainant, perpetuating an injunction, the defendant appealed to the supreme court.

Read the full summary

From tbe chancery court of Pontotoc county. Hon. John Quitman Bobins, Chancellor. Tbe State of Mississippi and tbe railroad commission of tbe state of Mississippi, tbe appellees, were complainants in tbe court below; tbe railroad company, tbe appellant, was defendant there. From a final decree in favor of the complainant, perpetuating an injunction, the defendant appealed to the supreme court. The injunction restrained the railroad company, appellant, from abandoning an old depot site in the town of Pontotoc and that part of the line of the former Gulf & Chicago Railroad Company which led…

1Opinion of the CourtWhitfield, C. J.

The former opinion in this case expressly held that the consolidation was conditioned upon broadening and standardizing the then existing narrow-gauge railroad, and making it a part of the main line of railroad operated by the consolidated corporation. Whether the statements in the petition for consolidation “that the railroads were in no way parallel and competing,” were “jurisdictional facts upon the existence of which depended the power of the corporation to consolidate,” we *727say nothing in this opinion. If that is too broad a statement, it certainly must be true, as held in the former…

2Cases cited2 opinions

  1. Yazoo & Mississippi Valley Railroad v. Southern Railway Co.Mississippi Supreme Court · 1903
  2. State v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1891

3Cited by2 opinions

  1. City of Jackson v. Deposit Guaranty Bank & Trust Co.Mississippi Supreme Court · 1931
  2. Cooper v. Mobile, Jackson & Kansas City RailroadMississippi Supreme Court · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API