State v. Alabama & Vicksburg Railway Co.

Citations

• 68 Miss. 653

Syllabus

<p>1. Railroads. Supervision. Removal of site for depots. Act 1890.</p> <p>Changing the site of a station-house from one place to another in the same town for reasons of convenience, necessity, or the public good, is not within the meaning of § 4, act of February 22, 1890 (Laws p. 106), which prohibits the “ abolishment or disuse of any depot when once established,” without the consent of the railroad commission.</p> <p>2. Same. Change of site for depot; when permitted.</p> <p>Such change can only be made without the approval of the commission when the proposed new site is convenient and accessible, and when the interest of the public and that of the railroad company concur in demanding the change.</p> <p>3. Same. Finding of railroad commission not conclusive. Case in judgment.</p> <p>Notwithstanding the state railroad commission has declared a proposed new site to be inconvenient, and ordered a new station-house erected on the site of the old, a bill filed, under the order of the commission, by the representative of the state to enforce compliance and to enjoin the removal, cannot be maintained unless it is made to appear by evidence that the new site is inconvenient and inaccessible, regard being had to the interest of the railroad company and the public.</p>