Alabama & Vicksburg Railway Co. v. Ligon

Citations

• 74 Miss. 176

Syllabus

<p>1. Railroads. Farm crossing. Necessary plantation road. Code 1892, § 3561.</p> <p>A road connecting the dwelling house and the pasture land of a farm, through which a railway track runs, is a necessary plantation road within the meaning of $ 3561, code 1892, when its disuse would involve any considerable inconvenience or expense to the tenant in possession, and a failure of the railway company to maintain a crossing- for such road subjects it to the penalty of the statute, although there may be another crossing within the inclosed and cultivated land on the opposite side of the farm.</p> <p>2. Same. Penalty for faitM'e to maintain ct'ossimg. Recovery by tenant. Expiration of lease pending suit.</p> <p>The right of the lessee of a farm, as “the person interested,” to recover of a railway company the penalty prescribed by $ 3561. code 1892, for its failure, during- his tenancy, to maintain a crossing for a necessary plantation road, is not impaired by the fact that, landing- suit, he has ceased to have any interest in the premises, as tenant or otherwise.</p>