Seelbinder v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of Carroll county. Hon. C. H. Campbell, Judge. The plaintiff, Seelbinder, sued the defendant railroad company for two hundred and fifty dollars for failing to make and maintain a convenient and suitable crossing over its tracks for a certain road.
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From the circuit court of Carroll county. Hon. C. H. Campbell, Judge. The plaintiff, Seelbinder, sued the defendant railroad company for two hundred and fifty dollars for failing to make and maintain a convenient and suitable crossing over its tracks for a certain road. He alleged in the declaration that this road was a necessary plantation road, but also showed thereby that the plantation, of which he claimed ownership, was not intersected by the railroad, but merely had the railroad right of way for its boundary on one side. The defendant demurred, on the ground that it was not alleged that…
1Opinion of the CourtCooper, C. J.
The crossing, for failure to provide which this suit was brought, is not a “ necessary plantation road ” within the meaning of § 3561 of the code.
Affirmed.
2Cited by3 opinions
- Southern Railway Co. v. AndersonSupreme Court of Virginia · 1962
- Mississippi R. Commission v. Illinois Cent. R.Mississippi Supreme Court · 1916
- Southern Railway Co. v. MurrellMississippi Supreme Court · 1900