Hardy v. Alabama & Vicksburg Railway Co.

Citations

• 73 Miss. 719

Syllabus

<p>X. Railroads. Plantation road. Uninelosedland. Code 1892, l 3561.</p> <p>A railway company is liable for the penalty prescribed by g 3561, code 1892, for failing to make and maintain a convenient and suitable crossing over its track for a necessary plantation road, although the plantation may consist of but six acres, four of which lie on one side of the track and two on the other, and the land is not inclosed where the road crosses the track.</p> <p>2. Same. Necessa/ry way. Damages for obstruction. Case.</p> <p>Where a farm of six acres is so divided by a railway track that jiour acres lie on one side of it and two on the other, and the owner, who has his dwelling- and barn on the four acres, in order to reach the public highway, and his cowpen, wagon-shed and well, situated on the two acres, about seventy yards distant from the dwelling, without g-oing upon the lands of his neighbors, has to make use of a road extending across the railway track from one division of his land to the other, or g-o around a distance of three-quarters of a mile, such road is a way of necessity, for the obstruction of which by the railway company damages are recoverable.</p> <p>3. Same. Primate way. Prescription.</p> <p>A landowner who, in connection with his land, has nsed a crossing over a railroad track for the period that, nnder the law, creates title by prescription, acquires an easement in the way, and may maintain an action for its obstruction by the railroad company, regardless of the relative inconvenience that would result to the company from the removal of the'obstruction and to himself from its maintenance, and although the easement may be of very small value.</p>