Legal Opinion

State v. Yazoo & Mississippi Valley Railroad

Mississippi Supreme Court

Decided November 15, 1905PublishedCited by 4 opinions

From the circuit court of Holmes county. Hon. A. MgC. Kimbrougi-i, Judge. The state, suing upon relation of William Williams, attorney-general, the appellant, was plaintiff in the court below; the railroad company, the appellee, was defendant there. The suit was a mandamus proceeding to compel defendant to erect and maintain a depot. From a judgment denying the writ and dismissing the suit the plaintiff appealed to the supreme court.

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From the circuit court of Holmes county. Hon. A. MgC. Kimbrougi-i, Judge. The state, suing upon relation of William Williams, attorney-general, the appellant, was plaintiff in the court below; the railroad company, the appellee, was defendant there. The suit was a mandamus proceeding to compel defendant to erect and maintain a depot. From a judgment denying the writ and dismissing the suit the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. That the legislature has authority, directly or through a commission, to require the erection of necessary…

1Opinion of the CourtOalhoon, J.

This is a petition for mandamus to require the railroad company to erect a passenger depot within four hundred feet of Wilson’s crossing, in the town of Lexington, Miss., on its right of way. The averments are that the appellee operates a railroad from Tchula, Miss., to Durant, Miss., through Lexington; that its operation of so much of said railroad as extends eastwardly from Lexington to Durant has been from 1886 under a lease from another railroad company, the West & East Railroad Company, which had before then built it and erected a passenger and freight depot in'the town, which has ever…

2Cases cited1 opinion

  1. State v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1891

3Cited by4 opinions

  1. Wabash Railroad v. Railroad CommissionIndiana Supreme Court · 1911
  2. Alabama Great Southern R. v. Alabama Public Service CommissionSupreme Court of Alabama · 1923
  3. Gulf & Ship Island Railroad v. Mississippi RailroadMississippi Supreme Court · 1908
  4. Illinois Cent. R. v. Mississippi R. CommissionMississippi Supreme Court · 1926

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