Mississippi Supreme Court, 1906

Yazoo & Mississippi Valley Railroad v. Sallis

Mississippi Supreme Court · Decided November 15, 1906 · Whitfield

89 Miss. 636; 42 So. 202

Cases that cite this one

1 later published case cites this decision.

Missouri, Kansas & Texas Railway Co. v. Stark Grain Co. (Tex. 1910)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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