State v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
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…
1Dissent
Wi-iitfield, O. J.,
delivered the following dissenting opinion:
The petition in this case alleges, and the demurrer admits, that the old depot “for freight and passengers which had pre*689viously been built by tbe West & East Railroad Company, at tbe outer verge of the town of Lexington, is, and always has been, inconvenient and inaccessible to tbe inhabitants and business people of tbe town of Lexington and those who use defendant’s railroad to go to and come from Lexington, and was never such' a depot as was reasonably necessary for public convenience,” and that tbe site of tbe proposed new depot…
2Cases cited4 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- People ex rel. Hunt v. Chicago & Alton RailroadIllinois Supreme Court · 1889
- State v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1891
- State v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1890