Wilson v. Alabama Great Southern Railroad

Citations

• 77 Miss. 714

Syllabus

<p>1. Health and Quarantine. Board of health. Executive committee. Laws 1894, p. 33.</p> <p>The executive committee of the state board of health, under Laws 1894, p. 33, providing for the committee, could not perform . official duty unless the three members thereof were present.</p> <p>2. Same. Orders. Reasonableness. Judicial question.</p> <p>'The orders of the state board of health must stand the test of reasonableness; and whether an order be reasonable or unreasonable is a judicial question.</p> <p>3. Same. The case.</p> <p>- An order of the state board of health prohibiting all persons from getting off of trains and boats at any point in the state, predicated on its face of the fact that there is “yellow fever at . several places along the coast, in this state, and several cases of yellow fever at Edwards, and reported suspected cases at various other places through this state,” is unreasonable and void.</p> <p>4. Same. Railroads must talte risk.</p> <p>A railroad company must take the risk of the validity of orders of the state board of health, if it yield obedience to the order alone.</p> <p>5. Same. Vis major.</p> <p>If a quarantine order of the state board of health be void, but be maintained by ms major, a railroad company may yield thereto without actual collision, and may defend a suit against it by showing that the real cause of its action, or failure to act, complained of in the suit,, was such uncontrollable necessity.</p> <p>6. Supreme Court Practice. Objections not made below.</p> <p>The rule that objections not made in the court below cannot be availed of in the supreme court, does not apply if it be apparent' that the plaintiff has no cause of action on the one hand or the defendant no defense on the other.</p>