78 Miss. 446 | Miss. | 1900
delivered the opinion of the court.
Section 3561 of the present code is this: “It is the duty of every railroad company to construct and maintain all necessary or proper stock gaps and cattle guards where its track passes through inclosed land. . . . For any failure so to do, the railroad company shall be liable to pay two hundred and fifty dollars, to be recovered by the person interested.” Our first legislative action on the subject-matter of this section was by an act of 1884. (Laws 1884, p. 42.) Before there was any statute on the subject, it was held that railroad companies were under no obligation to ‘ ‘ construct these appliances.” Vicksburg, etc., R. R. Co. v. Dixon, 61 Miss., 119. All the cases touching the interpretation of
Beversed and rema/nded.