Illinois Central Railroad v. McGowan

Citations

• 92 Miss. 603
• 46 So. 55

Syllabus

<p>1. Railroads. Plantation roads. Crossings. Code 1906, § 4058.</p> <p>Under Code 1906, § 4058, making it the duty of every railroad company to construct and maintain convenient and suitable crossing» over its track for necessary-plantation roads:</p> <p>[(a) The company must maintain the crossing over the whole width, of its right of way; but</p> <p>(b) The terms “necessary plantation roads” mean roads necessary to the plantations to which they appertain, and, while an occasional use of the crossing by others does not relieve the company of liability, it is not bound to remedy defects caused by constant heavy driving done by others with the owner’s consent.</p> <p>2. Instructions. Conflicts. I</p> <p>Conflicting instructions should not be given.</p>