Kansas City, Memphis & Birmingham Railroad v. Wiygul
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Wiygul and another, appellees, were plaintiffs and the railroad company, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The Tombigbee river is a navigable stream, running through Mississippi and Alabama.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Wiygul and another, appellees, were plaintiffs and the railroad company, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The Tombigbee river is a navigable stream, running through Mississippi and Alabama. The defendant railroad company,, in repairing its bridge across this stream, obstructed to some-extent the channel with pilings. Plaintiffs were engaged in floating rafts down this river, and their rafts were torn to pieces by the obstructions,…
1Opinion of the CourtWhitfield, C. J.
The legislature of this state granted the appellant a charter (acts 1886, ch. 123, p. 192 .§ 2, ss. 5), by which appellant was authorized to construct the bridge in question over the Tombigbee river, which is an interstate stream, a navigable river of the United States. At the time this charter was granted, and until after this bridge was constructed, congress, which has the supreme power to control the navigation of such rivers, had. not acted with respect to this river. It is well settled that as to such rivers, in the absence of congressional legislation, the states may authorize the…
2Cases cited17 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
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