Vicksburg Traction Co. v. Warren County

Citations

• 100 Miss. 442
• 56 So. 607

Syllabus

<p>1. Street Railroads. Franchises. The public. Mandatory injunction.</p> <p>Where the hoard of supervisors granted to a street railway company the right and privilege to “construct, maintain, and operate a street railway on all of the roads, highways, streets and avenues” of Warren county, and the company built a branch along a public road, and thereafter the supervisors granted to the commissioners of the Vicksburg National Park authority to control the county roads in the. park without interfering with the use of the roads by the “public.” Held, that the words “the public” meant the general public at large, not the street railway company, and the park commissioners had the right to forbid the railway company from laying its line over a public road into the park.</p> <p>2. Mandatory Injunction. Operating railway at a loss.</p> <p>Where a street railway company, operating a street railway system in a city and a branch line under a franchise from the board of supervisors of a county, could not operate the branch road without imperiling the financial stability and existence of the company’s entire system the chancery court should not, under the discretion given it by the law, grant a mandatory injunction . to compel the company to operate cars on such branch line.</p>