Kansas City, Memphis & Birmingham Railroad v. Wiygul

Citations

• 82 Miss. 223

Syllabus

<p>1. Navigable Waters. Interstate stream. Bridges. Grant by state.</p> <p>A state may authorize the building of a bridge, wholly within its territory, over a navigable interstate stream, in the absence Of congressional action touching the subject.</p> <p>2. Same. Railroads. Power to bridge. Repairs.</p> <p>Power granted to a railroad company to build a bridge across a navigable stream includes the power to repair the same.</p> <p>3. Same. .Acts of congress. TJ. S. Comp. Statutes, 1901, p. 3540.</p> <p>The act of congress, approved March 3, 1899, sec. 10 (30 Statutes at Large, 1151), prohibiting the creation of any obstruction, not authorized by congress, to the navigable capacity of any waters of the United States, is prospective and was not intended to take away from a railroad company the power to repair a bridge, built by it over an interstate stream under a grant from the state.</p>