Legal Opinion

Southern Railway Co. v. State

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 2 opinions

From tbe circuit court of Calhoun county. Hon. Joseph T. Dunn, Judge. The State of Mississippi, suing on the relation of the attorney general, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. The suit was a mandamus proceeding. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

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From tbe circuit court of Calhoun county. Hon. Joseph T. Dunn, Judge. The State of Mississippi, suing on the relation of the attorney general, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. The suit was a mandamus proceeding. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court. This appeal was taken from an order of the court below granting a writ of mandamus issuing in the name of the state, directed to and requiring the appellants to erect and maintain a…

1Opinion of the CourtMates, J.

Section 4854 of the Code of 1906 provides that: “Every railroad shall establish and maintain such depots as shall be reasonably necessary for the public convenience, and shall stop such of the passenger and freight trains at any depot as the business and public convenience shall require. And every railroad shall establish and maintain a depot within the corporate limits of every incorporated city, town or village through which said railroad passes; and the commission may cause all passenger trains to permit passengers to get on and off in a city at any place other than at the depot, where it…

2Cases cited3 opinions

  1. Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
  2. Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
  3. Gladson v. MinnesotaSupreme Court of the United States · 1897

3Cited by2 opinions

  1. Mayor & Aldermen of Lowell v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1921
  2. Village of Myrtle v. St. Louis-San Francisco Railway Co.Mississippi Supreme Court · 1960

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