Mississippi Export Railroad v. Rouse

ON MOTION FOR REHEARING

DICKINSON, Justice,

for the Court.

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor.

¶ 2. This is a claim of prescriptive easement by private citizens who presented uncontradicted proof of continuous use of a private crossing over active railroad tracks for over fifty years. The question presented is whether active railroad tracks are “public highways” as provided by Article 7, § 184, of the Mississippi Constitution and, therefore, immune from prescriptive easement.

BACKGROUND FACTS AND PROCEEDINGS

¶ 3. In…