State Board of Education v. Mobile & Ohio Railroad
Mississippi Supreme Court
FroM the circuit court of Lee county. HoN. NewNAN Cayce, Judge. Section 1050, code 1880, is as follows: “Every such [railroad] company shall cause a board to be erected and kept up upon a post' or frame sufficiently high, at every place where the railroad may cross a highway, with this inscription: ‘Look out for the locomotive; ’ and, on failure to observe the three last provisions, such company shall be liable to a fine of fifty dollars for each failure, and such offense…
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FroM the circuit court of Lee county. HoN. NewNAN Cayce, Judge. Section 1050, code 1880, is as follows: “Every such [railroad] company shall cause a board to be erected and kept up upon a post' or frame sufficiently high, at every place where the railroad may cross a highway, with this inscription: ‘Look out for the locomotive; ’ and, on failure to observe the three last provisions, such company shall be liable to a fine of fifty dollars for each failure, and such offense shall be cognizable before any justice of the peace of the county. A failure to erect the board, as directed, shall be…
1Opinion of the CourtWoods, J.
What was the object and intention of the lawmaking power in the enactment of § 1050, code 1880? The object was to *239give greater security from perils by moving locomotives or trains to travelers at railroad crossings over highways. The intention was to require the railroad companies to give permanent warning of perils from collisions at crossings to the traveling public. The railroad companies were to be required to keep standing a suitable and simple device or signal of danger, that all who approached might be admonished of the peril of heedlessly going upon the track.
It is familiar learning…
2Cited by17 opinions
- Adams v. Standard Oil Co.Mississippi Supreme Court · 1910
- Kennington v. HemingwayMississippi Supreme Court · 1911
- Thornhill v. FordMississippi Supreme Court · 1952
- Brady v. John Hancock Mut. Life Ins. Co.Mississippi Supreme Court · 1977
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1897
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