Mississippi Code
Miss. Code Ann. § 11-11-5 (2026)
and 11-11-7 - [Repealed]
✓ current as of July 2026
Repealed by Laws, 2002, 3rd Ex. Sess., ch. 4, § 2, eff. 1/1/2003.
§ 11-11-5. [Codes, 1871, § 2410; 1880, § 1499; 1892, § 651; Laws, 1906, 708; Hemingway's 1917, § 487; Laws, 1930, § 496; Laws, 1942, § 1434; Laws, 1926, ch. 148; Laws, 1930, ch. 121; Laws, 1979, ch. 319, § 1; Laws, 1992, ch. 301, § 1, eff. 7/1/1992, and applicable only to causes of action accruing on or after 7/1/1992.]§ 11-11-7. [Codes, 1871, § 2410; 1880, § 1500; 1892, § 652; Laws, 1906, § 709; Hemingway's 1917, § 488; Laws, 1930, § 497; Laws, 1942, § 1435; Laws, 1916, ch. 201; Laws, 1971, ch. 349, § 1, eff. March 12, 1971.]
Notes of Decisions
Cited in 20
cases, 1987–2017 · leading case: Illinois Cent. RR Co. v. Travis, 808 So. 2d 928 (Miss. 2002).
Illinois Cent. RR Co. v. Travis, 808 So. 2d 928 (Miss. 2002). “Under its first claim, ICRR argues that Miss.Code Ann. § 11-11-5 (Supp. 2001) controls the venue choice in this case.”
Kansas City S. Ry. Co. Inc. v. Johnson, 798 So. 2d 374 (Miss. 2001). “may be brought in the county where the cause of action accrued, in the county where the defendant has its principal place of business, or in the county in which the plaintiff resided at the time the cause of action accrued.”
Capital City Ins. v. GB\ Boots\" Smith", 889 So. 2d 505 (Miss. 2004). “1989) ("But because the railroad venue statute [Miss.Code Ann. § 11-11-5] employs the permissive `may' and because the general venue statute provides that, `except where otherwise provided,' actions `shall' be commenced in one of the counties authorized, we have no authority to…”
Illinois Cent. RR Co. v. Gregory, 912 So. 2d 829 (Miss. 2005). “[6] The controlling venue statute in this case is Miss.Code Ann. § 11-11-5 (repealed 1/1/03) which states in pertinent part: "Actions against any railroad .”
Adams v. Baptist Mem'l Hosp.-desoto, 965 So. 2d 652 (Miss. 2007). “See Hemingway's 1917, § 487 (1930); Miss.Code Ann. §§ 11-11-5, -7, -13 (repealed 2002); see also Miss.”
Maxwell v. Illinois Cent. Gulf RR, 513 So. 2d 901 (Miss. 1987). “Miss. Code Ann. § 11-11-5 (1972) provides as follows: Section 11-11-5.”
Bd. of Trs. of State Institutions of Higher Learning v. Van Slyke, 510 So. 2d 490 (Miss. 1987). “In 1979, the Legislature amended the statute to allow suit only in the county where the cause of action accrues, the defendant has his principal place of business, or the plaintiff resides.”
Canadian nat./ill. Cent. R. Co. v. Smith, 926 So. 2d 839 (Miss. 2006). “Miss.Code Ann. § 11-11-5 ¶ 29. The Legislature repealed Section 11-11-5, effective January 1, 2003.”
Baptist Mem'l Hosp.-DeSoto, Inc. v. Bailey, 919 So. 2d 1 (Miss. 2005). “1989) ("But because the railroad venue statute [Miss.Code Ann. § 11-11-5] employs the permissive `may' and because the general venue statute provides that, `except where otherwise provided,' actions `shall' be commenced in one of the counties authorized, we have no authority to…”
Clark v. Luvel Dairy Prods., Inc., 731 So. 2d 1098 (Miss. 1998). “The Court in Stedman stated that the suit was filed pursuant to Miss.Code Ann. § 11-11-5 (1972), which at that time, provided that venue was proper for any suit against a railroad or any other mode of public transportation or public utility wherever its lines or routes may cross.”
Sawyer v. Illinois Cent. Gulf R. Co., 606 So. 2d 1069 (Miss. 1992). “1989) provides venue for suits against railroads in the county where the cause of action accrued, in the county where the defendant has its principal place of business or in the county where the plaintiff resides. By the time this point was raised at trial, the parties had been…”
Cleveland Smith v. Kansas City S. Ry. Co., 214 So. 3d 272 (Miss. 2017). “A different statute applied in suits against nonresidents: All civil actions for the recovery of damages brought against a nonresident or the representative of the nonresident in the state of Mississippi may be commenced in the county in which the action accrued or where the…”
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