Memphis & C. Ry. Co. v. Bullen

I concur in the conclusion reached in the opinion written by Judge ANDERSON in this case, and in most of the reasoning therein, but I do not believe that chapter 1080, Laws 1926, is valid, or has any curative effect whatever; nor do I believe that the case of Robertson v. Leflore County,112 Miss. 54, 72 So. 852, affects the decision of the question here. That case had nothing to do with the construction and laying out of roads, while chapter 277, Laws 1920, expressly provides for the construction and maintenance of highways for the convenience of the traveling public.

The dominant purpose of…