State Board of Education v. Mobile & Ohio Railroad

Citations

• 72 Miss. 236

Syllabus

<p>1. CONSTRUCTION on Statute. Evident purpose effectuated.</p> <p>In order to effectuate the evident purpose of a statute, courts will, if necessary, depart from a literal interpretation, and give it a broader or more restricted meaning than its mere words import. „</p> <p>2. Railroads. Highway crossing. Signboards. Code 1880, $ 1050.</p> <p>The erection and maintenance hy railroad companies at highway crossing-s of large signboards in the shape of a double cross, conspicuously inscribed “ Railroad Crossing,” is a substantial compliance with \\ 1050, code 1S80, which, under a penalty, requires them to erect and maintain at every such crossing a board “ upon a post or frame sufficiently high,” with the inscription “Look out for the Locomotive. ” So held in a suit for the penalty.</p> <p>3. Pleading. Demurrer overruled. Failure to reply. Judgment final.</p> <p>Upon overruling a demurrer to a plea which goes to the whole action, if plaintiff declines to reply, there should be judg-ment final for defendant.</p>