Alabama & Vicksburg Railway Co. v. Ligon
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. This was a suit by Ligón to recover the statutory penalty of $250 for the failure of the railway company to maintain a crossing for a necessary plantation road on a farm of which he was in possession under a lease for five years.
Read the full summary
From the circuit court of the first district of Hinds county. This was a suit by Ligón to recover the statutory penalty of $250 for the failure of the railway company to maintain a crossing for a necessary plantation road on a farm of which he was in possession under a lease for five years. The track of defendant ran through the farm, which was one of about three hundred acres, in an easterly and westerly direction, and divided the cultivated from the uncultivated land, nearly all of the former being on the north side of the track, where the residence was also situated. On the western side of…
1Opinion of the CourtWhitfield, J.
The case chiefly relied on by counsel for appellant (Railroad Co. v. Williamson, Ind. App., 29 N. E., 455) has no application whatever. At page 460 the court says: “Buck did not own the land on the north side of the railroad, opposite the *179side track. The right of way did not separate his land into two parcels, and the gates were not put in for the purpose of enabling him to go from a tract of land on one side of the railroad to a tract on the other side. ” So of the other cases cited from Indiana. The doctrine of Railroad Co. v. Spencer, 72 Miss., 491, was thoroughly considered, and is…
2Cases cited5 opinions
- Louisville, New Albany & Chicago Railway Co. v. HughesIndiana Court of Appeals · 1891
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Wabash Railroad v. WilliamsonIndiana Court of Appeals · 1891
- Kansas City, Memphis & Birmingham Railroad v. SpencerMississippi Supreme Court · 1894
- Henderson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1878
3Cited by2 opinions
- Gilchrist-Fordney Co. v. ParkerMississippi Supreme Court · 1915
- Southern Railway Co. v. MurrellMississippi Supreme Court · 1900