Yazoo & M. V. R. v. Herrin

Citations

• 113 Miss. 863
• 74 So. 688

Syllabus

<p>1. Railboads. Contracts. Construction.</p> <p>Where plaintiff entered into an agreement with a railroad company, whereby he was licensed to place a track scale in the track of the company, the contract providing that the scale should be constructed at the sole expense of plaintiff under the supervision of the company’s roadmaster, that the company should be allowed to use the scale free of charge whenever it should desire, that plaintiff should indemnify the company for any expense or damage it might incur or suffer, caused by the construction, use, or maintainance of the scale, and that plaintiff should remove the scale within thirty days after being notified in writing by the company to do so, and if he should fail to comply with such request, the company should have the right to remove the scale at the risk and expense of plaintiff, such a contract did not give plaintiff any right to maintain the scale for a term of at least thirty days, and the railroad company, without being guilty of conversion, might, without notice, remove the scale, but in such case plaintiff would not be liable for the expense of removal.</p> <p>2. Same.</p> <p>In such case if it was necessary to the protection of the property of the railroad company or the safe operation of the road to remove the scale, such removal was not a tortious conversion of the property by the railroad company.</p>