Yazoo & Mississippi Valley Railroad v. Anderson

Citations

• 76 Miss. 582

Syllabus

<p>1. Railroads. Right of way. Renees. Plantation crossings. Code 1893, 2 3561.</p> <p>A railway company may fence its rig'ht of way, and the owner of the servient estate, after rejecting its offer to erect-gates in the fences on both sides of its track, is not entitled to sue for the penalty prescribed by the statute (code 1893, § 3561) requiring- railway -companies to maintain suitable and convenient crossing for necessary plantation roads.</p> <p>3. Same.</p> <p>When a railway company has fenced, its track on both sides, the owner of the servient estate has no right, after rejecting its offer to erect gates, to demand that it tear down its fences, and give him ' an open lane, with cattle guards, at its expense, thus burdening the company and increasing- the hazard of travel.</p> <p>3. Same. Statute. Code 1893, 2 3561. Sbrict construction.</p> <p>The statute requiring railway companies to maintain suitable and convenient crossings for necessary plantation roads is highly penal and should be strictly construed.</p>