Illinois Central Railroad v. Swalm

Citations

• 83 Miss. 631

Syllabus

<p>1. Highways. Railroad Grossings. Code 1893, § 3555.</p> <p>Th'e fact that a railroad company had constructed its track and put the same in operation before a highway was laid out, does not relieve it of its duty under Code 1892, § 3555, to erect a bridge over the track or grade the approaches thereto for the highway.</p> <p>2. Same. Board of supervisors. Judgment. Irregularities.</p> <p>The judgment of a board of supervisors ordering a highway to be laid out, from which no appeal was prosecuted, cannot be attacked for mere irregularities by a railroad company when proceeded against to compel it to erect a bridge over, or to grade approaches to, its track for the highway crossing.</p> <p>3. Same. Code 1892, $ 3892. Amended laws 1896, p. 152.</p> <p>A judgment of the board of supervisors ordering the laying out of a public road is not void:</p> <p>(а) Because of a proviso reauiring the petitioners for the road to pay all the expenses of laying it out and maintaining it for three years; nor</p> <p>(б) Because three commissioners were appointed to lay it out, instead of two as required by Code 1892, § 3892, amended by Laws 1896, p. 152.</p>