Guice v. Illinois Central Railroad Co.

• Decision Date: 27 March 1916
• Docket Number: 17308
• Citation: 71 So. 259,111 Miss. 36
• Court: Mississippi Supreme Court
• Parties: GUICE ET AL. v. ILLINOIS CENTRAL RAILROAD COMPANY, ET AL

71 So. 259

111 Miss. 36

GUICE ET AL. v. ILLINOIS CENTRAL RAILROAD COMPANY, ET AL

No. 17308

Supreme Court of Mississippi

March 27, 1916

APPEAL from the chancery court of Hinds county, HON. P. C. JONES Chancellor.

Bill for an injunction by the Illinois Central Railroad Company and others. Motion to dissolve the preliminary injunction overruled and defendants appeal.

The Illinois Central, the Yazoo & Mississippi Valley, and the Alabama & Vicksburg Railroad Companies all use the same passenger station in the city of Jackson. The tracks and trains of the Illinois Central and the Alabama & Vicksburg Companies pass through the city of Jackson; neither having a terminal of its road in that city. Jackson, however, is the northern terminal of the Natchez branch, and the southern terminal of the Yazoo branch, of the Yazoo & Mississippi Valley Railroad. Some time prior to the filing of the bill in the court below appellant Guice instituted three suits against each of appellee companies, two against each being before one, and the other before another, justice of the peace, claiming the penalty provided for the violation of section 4857, Code Miss. 1906. After the institution of these suits appellees filed their bill in the court below praying for an injunction restraining appellant Guice, his agents and attorneys from prosecuting these suits at law.

It appears from allegations of the bill, which are admitted by the answer to be true, that the bulletin board upon which appellees schedule the arrival and departure of their trains is made out in the following manner:

[SEE ILLUSTRATION IN ORIGINAL]

A separate column is set apart on this board for each road, and there is a sufficient number of lines in each column to bulletin each of the road's passenger trains. The trains of the Illinois Central and Alabama & Vicksburg Railroads are all through trains, departing from Jackson always within a few minutes after arrival thereat, in no case, according to the allegations of the bill, remaining more than five minutes. As before stated, Jackson is the terminal of the trains of the Yazoo & Mississippi Valley Railroad. All trains of the Natchez branch thereof going south necessarily depart from Jackson, and all going north necessarily end their journey there; and all trains going north on the Yazoo branch thereof necessarily depart therefrom, and those going south necessarily end their journey there. After the word "Due" on this bulletin board is written the time of the arrival of trains on the Illinois Central and Alabama &amp Vicksburg Railroads, and of the north-bound trains...