The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-01-23

II 1857 Is.aes McCoy. for the consider
afson Of seven hundred dollars cash, cor
vev.d 10 the SrantoTs OF vendors OF the
yieSsbur2 s Meridian Railroad Company,
ia rirhs OF way one hundred feet vide,
and free passage. over section INVENT SIX,
4a4,psbis, six. range one west which was
then -rabbad for tie location and construe-
lion 81 rail7osd from Ficksburg 70 Jack
san The section was then Wild and the
owne- got from the railroad company
a,5a,lt Il hat be paid the governments Tor the
The deed from McCoy was exesuted
-. ,,5g-tle1 ana fifteen years after Targts
81 O. Bis8a bought part of the Land SAD
sact H. tisss dominant easement oarv91 oas
81 NeCoy. lie bean to clear up the
lan8 purchased, aa1 finding il - ne
seya-el By the faiiroai fns<ts application
/ 70 mo company then operating the Foaa
/ % build him two cattle guards - IS % T.
/! IIe3 e him from tie labor and expense %
! ss,.i ding fence, bat at their oEH expense.
Tais tia company very generously ana
/ a...se t-ratait0Isiy agreed 20 do. No cor
tact whatever was, however. made WIKI
/ BIZ. Dizoa on the sa5iees and ne PAID moth
+ ing for the service.
I From 49, TO 1882 these stock gaps,
a. theg we're called IN common pa-lance,
| were Kept mp b the railroad companies a.
| their own expense, without Gldrinar OF
complaint, and simply TO ascommodate
| md olhEe M-. Dixon. / suppose TIE
/ amount expended in this way wouIi eqnai
several hli,dred dollars, for each stock
| xsts.r.i costs some fifty dollars, / ain tote.
/ n fact on one occasion whel the guards
| vere broken down the company paid Dixon
/ his oatlsg for keeping stock of his ileln
/ anel they were rep 3irs3.
In March, 1SS2, some tramp. desirous OF
/ warming himself. tore down one of the cat
tle guards and The wings connecting il
with Dizon's fence anl IN gt}e himself /
comfortable Ere. Dixon notified tho sec
| Ion boss Of The Yicksburg aud Aeridlai
/ Railroad Company, bat did not notify TIT
t General Manager Of the company or lis
/ attorney a this place. As soon aS the en-
! plovee having this business in charge as
/ certainel tie fact, the cattle guard was re
| paired. The hogs vent through the broken
| guard into aEr. Dixon's field and injured
! his oats and meadow, and he made demand
/ af7o, The company for compensation fol
d Iamaees. This demand was referred
I to NE ana I advised that, upon die facts a
! stated. the company was not Liable. Mc
/ Dixoa called to see me and | gave him tht
same opinion. The company was not dis
I porei 10 lake a-yGy The cattle guards but die
| no. relish the idea of being driven to tht
! continuance Of a charity or act Of kindness
| Mr. Dixon r7as not willing to concede thai
| he was bound 10 Us, or under Obligation
/ Tor favor conferred at considerable ex
| nense for 50 long time, nor that the favo
shoaid be Sratuitously continued III his be
| aRlf: and thinking he knew tila law better
sled orr company.
The Supreme Court cided against him
very properly holding, think. that acts o,
beneTolence gratGi3ously conferred TO
some thirty years did not create q legal oh
| legation 10 continue them, and that tine rail
road company was under no duty to built
| Or repair the cattle guards. after thi
| opinion was delivered, the general mana
ger of the company. on my advice, hottie,
| Mr Dixon that the guard and wings wou't
! be removed in ninety days, and that if h
desired them to be kept up, the compan,
was willing to receive propositions from
| him lie called at my Office ana stated 4
me that he had no proportions to make
| but that if the company had anything /,
say he was ready to listen. at the same TIM
rem 2rking, that he was glld he had got II
notice as il would furnish him the oppor
tunity for obtaining legislative relief-o
woods to that effect.
desire TO state quite enahGticalIy tha
no general order on the sub ;ect of cate,
guards has ever been issued By any Office
| connected with our company. The motto
Of which so much has been SAID was givel
70 and intended for 1Tr. Dixon alone. II,
is utterly unwilling to con e}e that OF
company has been for years ms benefacto
| and to give Us any written acknowledge
neat Of the fact FOR the ia .ase. or to make
| any contract 10 c3-l ,ens4te rs for re
! !IeEllr him Of tSa erDelse If build
! lag fences on each 81 . OF his farm
Ha would very gladly build a fence
| On each side ol o.r Uracx through hia
! ieii, but he is unwilling to have that dont
| unless We erect two gates and give him Z
| crossing in the center of his fetj. Ii TN.
| was done he kindly stated that he woul3
| oren and shut the gates. We fad ourselves
thus unable TO come TO ca understanding
7ith Mr.. Dixon, ana are driven to the step
taken III serving him with the notice above
referred to.
I write this fro 10 desire to shape leg
isiEt.ve action on }le subject u fences and
cattle guards. Nht teyar the sezi:llsure
may do "A tlii7 direati0l. within cJnstita-
10 a limits, viii meet my alIpicscence:
out this notice TO Dixon Is no reason for
such action. Ii is proper 10 say that the
CIrclit Cont gave Dixon aity dollars dam
leea, aad this sam was i4c-ease3 to fttr-fve
dollars ia orIsV that she question involved
might be ana decided, the atfsationof oar
law-nakers cal!sd to tie sabiec:; and this
1t my request. W. l.. NUaENr.