The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-01-20

In 1897 Jaines McCoy, for tho consider.
alton of seven hundred dollars cash, con.
veyed TO the graniors or vendors Of the
Vicksbnrg 4 Meridian Railroad Company,
the right Of way one hundred feet vide.
and free passage, over section twenty-aix.
township six, range one west, which visa
then grubbed for tho location and construc.
tion OF a railroad from Vicksburg 20 Jack.
son. The section was then wild and the
owner got from tho railroad company
about what he paid the government for the
land. Tho deed from Mccoy was executed
and recorded, aud fifteea years afierwarda
II. Q. Dixon bought part Of the land sub.
Iect TO the dominant easement carved out
Of Il by Mccoy. lie began 10 clear up IN.
land purchased, and fnaing II 20 be
severed by the railroad. made applIcation
to the company then operating the road
TO build him two cattle guards 80 as to re-
lieyc him from The labor and expense Of
building fences, but at their own expense.
This tho company very generously ana
quite gratuitoualy agreed 10 do. No con.
tract whatever was, however. made with
Mr.. Dixon on the subject and he paid moth.
ing for the service.
From 1852 to 1882 these "stock pnpa.e
As they werc called in common parlanca.
wore kept up by the railroad companies al
their own expense. without murmur or
complaint, aud simply 10 accommodate
and oblige Mr.. Dixon. suppose the
amount expended in this way would equal
several hundred dollars, for each stock
guard costs some lfty dollars, am told.
In fact on one occasion when tho guards
we're broken down the company paid Dixon
his outlay for keeping stock OF his leld
until they were repaired,
In March, 1882, some tramp, desirous OF
warming himself, tore down ono OF tho cat
Ito guards and the wings connecting Il
with Dixon's fence and made himself
comfortable 1re. Dixon notified the sec.
tion boss OF the Vicksburg and Meridian
Railroad Company, but did not notify the
General Manager OF tho company or its
attorney at this place. IA soon "a the en-.
ployeo having this business In charge ns.
certained the fact, tho cattle guard was re-
paired. The hogs went through the brokea
guard into Mr.. Dixon's dold and injured
his oats and meadow, and ho made demand
upon tho company for compensation for
his damages This demand was referred
to me and | advised that, upon the facts NJ
stated, the company was not liable. Mr..
Dixon called 10 see me and gave him the
same opinion. The company was not dis
posed to take AWAY the cattle guards but did
not relish the idea OF being driven to the
continuance of charity or act OF kindness
Mr.. Dixon was not willing TO concede that
he was bound 10 us, or under obligation,
for favor conferred at considerable ex.
pense for so long time, nor that tho favor
should be gratuitously continued In his be-
half and thinking hc knew the law better,
sued our company. %
Tho Supreme Court decided against him,
very properly holding, think, that acts OF
beneyolenee gratuitously conferred for
some thirty years did not create a legal OBJ
legation TO continue them, and that the rail
road company was undor no duty TO build
or repair the cattle guards. After this
opinion was delivered, the general mana
ger OF the company, on my advice, notified
Mr.. Dixon that the guards and winga would
be removed in ninety days, and that If he
desired them to be kept up, the COMPANY
was willing TO receive propositions from
him. He called at my Office and stated 10
me that he had no propositions 10 make,
but that II the company had anything 10
say he was ready to listen, at the same time
remarking that he was glad he had got the
notice a. ii would furnish him the oppor-
tunity for obtaining Legislative relief-sr
words 10 that effect
desire TO state quite emphatically that
no general order on tho subject OF cattle
guards has ever been issued BY any ofiicer
connected With our company The notice
ss which 30 much has been said was givsn
10 and intended for Mr. Dixon alone. He
IL utterly unwilling to conccde that our
company has becn for years his bcnefaetcr
and 10 give US any written acknowledge
ment Of the fact for the future, or 10 make
any contract 10 compensate us for re-
lieying him Of the expense Of build
ing fences on each ride Of his farm.
We would very gladly build fence
on each side OF our track through his
field, but he Is unwilling TO have that done
unless We erect two gates and give him q
crossing In tho center Of his field II this
was done he kindly stated that ho would
open and shut the gates. We hnd ourselves
thus unable TO come to an understanding
with Mr.. Dixon, and aro driven 10 the step
taken in serving him with The notice above
referred to.
write this from no desire TO shape leg
islativs action on the subject Of fences and
cattle guards. Whatever the Legislature
may do in this direction, within constitu-
tional limits, will meet my ecquiescencs;
but this notice to Dixon is no reason for
such action. II is proper to say tina. the
oircuit Court gave Dixon fifty dollars dam
ages, and this sum was increased TO Hfty-fvs
dollars in order that the question involved
might be and decided, the attcntionof our
Lawmakers called 10 the subject; and this
at my request. w. L. NuoKET,
AttnrnAv for Y. a M r r. Co.