Where a railroad is constructed so as to cross a highway, and it be necessary to raise or lower the highway, it shall be the duty of the railroad company to make proper and easy grades in the highway, so that the railroad may be conveniently crossed, and to keep such crossings in good order. It shall be the duty of the railroad company to erect and keep in order all bridges on any highway, at such points as bridges may be necessary to cross the railroad. Any company which shall fail to comply with these provisions within sixty (60) days from the filing of written notice by the board of supervisors of the county in which said crossing is located, served upon the agent of said railroad company located in said county by the sheriff, as other processes are served, shall forfeit the sum of the cost of construction of said bridge or crossing, to be recovered by action in the name of the county in which the bridge or crossing is situated, upon an itemized bill of cost of said work.
Codes, 1857, ch. 35, art. 42; 1871, § 2428; 1880, § 1053; 1892, § 3555; 1906, § 4053; Hemingway's 1917, § 6677; 1930, § 6127; 1942, § 7779; Laws, 1926, ch. 235.
Notes of Decisions
Cited in
4
cases, 2003–2012 · leading case:
Irby v. Travis, 935 So. 2d 884 (Miss. 2006).
Irby v. Travis, 935 So. 2d 884 (Miss. 2006).
“The testimony offered by Alvin Prince Haymer and Kenneth Wayne Heathington gives validity to the argument asserted by Travis that Illinois Central *903 violated Miss.Code Ann. § 77-9-251 which states: Where a railroad is constructed so as to cross a highway, and it be necessary…”
Bowman v. CSX Transp., Inc., 931 So. 2d 644 (Miss. Ct. App. 2006).
“The statute provides that when "a railroad is constructed so as to cross a highway, and it be necessary to raise or lower the highway, it shall be the duty of the railroad company to make proper and easy grades in the highway so that the railroad may be conveniently crossed.”
Arthur Irby v. Mary Travis (Miss. 2003).
“The testimony offered by Alvin Prince Haymer and Kenneth Wayne Heathington gives validity to the argument asserted by Travis that Illinois Central violated Miss. Code Ann. § 77-9-251 which states: Where a railroad is constructed so as to cross a highway, and it be necessary to…”
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