State Board of Education v. Mobile & Ohio Railroad
Mississippi Supreme Court
Erom the circuit court of Lee county. Hon. Newnan Cayce, Judge. This is an action brought in the name of the state board of education to recover of the Mobile & Ohio Railroad Co. a large sum as fines which it is alleged to be liable for under § 1050, code 1880, which 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 :…
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Erom the circuit court of Lee county. Hon. Newnan Cayce, Judge. This is an action brought in the name of the state board of education to recover of the Mobile & Ohio Railroad Co. a large sum as fines which it is alleged to be liable for under § 1050, code 1880, which 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…
1Opinion of the CourtCampbell, C. J.
By § 689, code of 1880, the appellant was authorized to sue for any money “ designated and set apart for the common school fund.” Fines accrued under § 1050 of that code were held to belong to that fund. M. & O. R. R. Co. v. State, 51 Miss., 137. Therefore, the appellant could sue for them prior to the constitution of 1890. It abrogated that provision of the constitution of 1869, whereby such fines were appropriated to the school-fund; and, since that, these fines are not designated as belonging to that fund or ,any other. They are not given to the counties by § 261, for it has reference to…
2Cases cited1 opinion
- Mobile & Ohio Railroad v. StateMississippi Supreme Court · 1875
3Cited by4 opinions
- Grenada Lumber Co. v. State ex rel. Attorney GeneralMississippi Supreme Court · 1910
- L. J. Alford Lumber Co. v. RaglandMississippi Supreme Court · 1913
- Hastings-Stout Co. v. J. L. Walker & Co.Mississippi Supreme Court · 1932
- Gully v. Board of Sup'rsMississippi Supreme Court · 1933