Mississippi R. Commission v. Illinois Cent. R.

Citations

• 113 Miss. 92
• 73 So. 878

Syllabus

<p>1. Raileoads. Plantation crossings. Right to require.</p> <p>The State railroad commission has no authority to require a railroad to establish suitable crossings over its track for necessary plantation roads, the remedy provided for such under Code 1906, section 4058, being purely statútory to enforce a private and individual right, with which the railroad commission was not empowered to deal by. the legislature.</p> <p>2. Railroads. Crossings. Right to require.</p> <p>Under Code 1906, section 4058, providing for the establishment by a railroad of convenient and suitable crossings over its track for necessary -plantation roads, one owning two tracks of land situated on opposite sides of a railroad, but which were several miles distant from it, is not entitled to compel the railroad company to establish a crossing even though he obtain a right of way up to and adjoining the tailroad right of way, since the purpose of the statute was to provide crossings for landowners whose property was bisected by railroads.</p>