Mississippi Dept. of Human Services v. Guidry Book Reviews

Mississippi Dept. of Human Services v. Guidry by Mississippi Supreme Court Book Summary

Railroads — Fires on Right of Way — Liability for Damages — Statute Making Occurrence of Fire Prima Facie Evidence of Negligence Inapplicable to Logging Roads — Statutes and Statutory Construction. Railroads — Fire Set by Engine on Right of Way — Statute Fixing Liability for Damage Irrespective of Negligence not Applicable to Logging Railroad. 1. Held, that section 6551, Revised Codes of 1921, making it the duty of railroad companies to keep their tracks free from dead grasses, weeds or other combustible material for a certain distance on each side thereof, and imposing liability for damage by fire caused by their operations irrespective of negligence on their part, has no application to a logging railroad used solely in connection with the owners logging business. Same — Meaning of "Railroad" as Used in Section 6551, Rev. Codes of 1921. 2. The term "railroad" as employed in section 6551, supra, held to refer only to common carriers, i.e., such as transport passengers or freight for hire. Statutes and Statutory Construction — Statute Making Radical Change from Common-law Principles must be in Clear and Unmistakable Language. 3. A statute seeking to make a radical change from common-law principles should be couched in language so clear and plain as to show unmistakable evidence of legislative intention.

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Mississippi Dept. of Human Services v. Guidry (Mississippi Supreme Court) Book Reviews 2024

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