Kansas City, Memphis & Birmingham Railroad v. Jones

Citations

• 73 Miss. 397

Syllabus

<p>1. Railroads. Cattle gucvrds. Action for penalty. Statute construed. Code 1893, ? 3561.</p> <p>Section 3561, code 1893, making it the duty of every railroad company to construct and maintain all necessary or proper stock gaps or cattle guards where its track passes through inclosed land, and providing that, for any failure to do so, the company shall be liable to pay $350, to be recovered by the person interested, should be strictly construed, and does not warrant a recovery by one who has no interest in any inclosed land entered by the line of railway.</p> <p>3. Same. Inclosed land. Stock law. Public fence. Code 1893, $ 3561.</p> <p>The fact that land not entered by a line of railway lies in a stock law district, and is inclosed by the public fence around the district, does not render it inclosed land, within the meaning of the statute making it the duty of railroad companies to maintain cattle guards where their tracks pass through “inclosed land,” and the lessee of such land cannot recover the penalty prescribed for a violation of the statute.</p>