Yazoo & Mississippi Valley Railroad v. Neal

Citations

• 93 Miss. 680
• 47 So. 673

Syllabus

<p>Hailroads. Code 1906, § 4058. Cattle guards and stock gaps. Second penalty. Suit for.</p> <p>Under Code 1906, § 4058, providing a civil penalty against a railroad company lor failing to maintain proper stock gaps and cattle guards where its track passes through enclosed land:—</p> <p>(a) A recovery by a plaintiff precludes a suit for a second penalty until the railroad company has had a reasonable time thereafter to repair the stock gap or cattle guard; and</p> <p><5) An appeal prosecuted promptly from a judgment in plaintiff's favor continues the suit as a pending one; - and</p> <p>(c) An undated writing, evidencing a compromise, of such a suit, reciting that plaintiff accepted a sum of money therein named in full satisfaction of all damages because of the company’s failure, speaks from the date payment is received and the writing signed, as regards the time within which another suit may not be brought, although it was agreed upon sometime before.</p>