Yazoo & Mississippi Valley Railroad v. Sallis

Mississippi Supreme Court November 15, 1906

Yazoo & Mississippi Valley Railroad v. Sallis, 89 Miss. 636 (Miss. 1906)

42 So. 202

Whitfield

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

The sole question in this ease is this: Does the statute apply to a case in which the land is not substantially inclosed, either by a fence or other natural objects taking the place of a fence? *643The statute is one visiting a penalty, and must be strictly construed ; and we think that it is perfectly clear that this penalty cannot be recovered unless the land was substantially inclosed as indicated. The instructions numbers two, five, and six, were correct propositions of law, and should have been given on the facts shown in this record.

Reversed and remanded.

Reference

Full Case Name: Yazoo & Mississippi Valley Railroad Company v. Floyd Sallis
Cited By: 1 case
Status: Published
Syllabus: 1. Railroads. Code 1892, § 3561. Cattle guards and stock gaps. Code 1892, §3561, providing that a railroad company shall construct necessary or proper stock gaps and cattle guards where its track passes through inclosed land, is not applicable unless the land is substantially enclosed. 2. Same.' Instructions. Upon the trial of a case under said statute the defendant is entitled to instructions relieving it from liability if plaintiffs’ fence was so dilapidated that cattle guards and stock gaps would not have prevented live stock entering his premises.