Kansas City, Memphis & Birmingham Railroad v. Jones
Mississippi Supreme Court
From the circuit court of Union county. Hon. Eugene Johnson, Judge. Action by Jones to recover of the defendant railroad company the statutory penalty of $250 for failure to maintain a cattle guard, as required by § 3561, code 1892. The declaration avers that the railway track passed through a certain stock law district of the county inclosed by a public fence, and that the plaintiff lived, and planted a crop, on land inside of such public inclosure and near the cattle guard…
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From the circuit court of Union county. Hon. Eugene Johnson, Judge. Action by Jones to recover of the defendant railroad company the statutory penalty of $250 for failure to maintain a cattle guard, as required by § 3561, code 1892. The declaration avers that the railway track passed through a certain stock law district of the county inclosed by a public fence, and that the plaintiff lived, and planted a crop, on land inside of such public inclosure and near the cattle guard in question, which had been constructed at a point where the stock law fence approached or crossed the track. The…
1Opinion of the CourtWoods, J.
Section 3561, code of 1892, which requires of railroad companies, under heavy penalty, the construction and maintenance *404of all necessary or proper stock gaps and cattle guards where their tracks pass through inclosed land, and of convenient and suitable crossings over their tracks for necessary plantation roads, must be strictly construed, and its application confined to cases clearly within its purview. It will be observed that this section, in treating of one subject, makes provision for both cattle guards and plantation road crossings, and can only be invoked by those citizens whose lands…
2Cited by2 opinions
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- Southern Railway Co. v. MurrellMississippi Supreme Court · 1900