Wright v. Edwards Hotel & City R. R.

Citations

• 101 Miss. 470
• 58 So. 332

Syllabus

<p>1. Operation oe Street Railroad. Mandamus. Judgment. Collateral attack.</p> <p>Where a street railroad, operating its road 'along a public highway under a franchise from the board of supervisors, ceased to operate a portion of the same and the board of supervisors declared the abandoned tracks a nuisance and ordered their removal from the highway, which was accordingly done, mandamus will not lie to compel the company to operate its cars on the abandoned tracks, though the action of the board was unwise or induced by fraud.</p> <p>2. Same.</p> <p>Such order of the board of supervisors for the removal of the abandoned tracks cannot be attacked collaterally in a mandamus proceeding.</p>