Miss. Export R.R. Co.y v. Rouse
| Docket Number: | 2004-CA-00503-SCT Linked Case(s): 2004-CA-00503-SCT ; 2004-CA-00503-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-13-2006 Opinion Author: Dickinson, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Real property - Prescriptive easement - Railroad right-of-way Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Dissenting Author : Easley, J., Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 02-20-2004 Appealed from: George County Chancery Court Judge: Jaye A. Bradley, Sr. Disposition: The chancellor awarded the Rouses an easement by prescription and ordered MERC to promptly restore the removed crossing, but dismissed the Rouses’ claim of tortious interference. The chancellor enjoined MERC from disturbing or interfering with the Rouses’ use of the easement “so long as same does not disrupt the operation of the railroad’s business. Case Number: 2003-0193 |
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| Note: | The motion for rehearing filed by appellees is denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Rendered. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Export Railroad Company |
RAYMOND L. BROWN
W. FRED HORNSBY, III |
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| Appellee: | Malcolm E. Rouse and Edna F. Rouse | AUSTIN R. NIMOCKS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Prescriptive easement - Railroad right-of-way |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Malcolm and Edna Rouse, owners of Deep South Nursery, Inc., purchased approximately twenty acres in rural George County to expand their 128-acre nursery business. Although no public road adjoins the property, Mississippi Export Railroad Company’s right-of-way runs approximately 403 feet along the eastern border with a private dirt crossing over MERC’s right-of-way and railroad tracks connecting the Rouses’ property with Karla Road. After the Rouses purchased the property, MERC’s Superintendent of Engineering, Willie Evans, set up a meeting to discuss the crossing. Mr. Rouse and Evans met at the crossing to discuss the Rouses’ continued use of the crossing. According to MERC, it threatened to remove the crossing unless the Rouses agreed to indemnify MERC for liability claims and pay a share of the maintenance costs related to the crossing. The meeting concluded with no agreement. Over the next few years, the Rouses used the private dirt crossing to access their property and to care for the plants there. In 2003, MERC provided the Rouses written notice that the crossing would be removed in thirty days, but that MERC would grant the Rouses a 20-foot easement from the northeast corner of their property along approximately 400 feet of the west side of MERC’s right-of-way, to Parker Road. Although the easement granted by MERC provided access for automobiles and pickup trucks, it was unsuitable for 18 wheel tractor trailers. Thereafter, MERC removed the crossing which, according to the undisputed evidence at trial, had been used for access to the property for more than fifty years. This prompted the Rouses to bring suit, claiming an easement by prescription, and seeking an injunction against MERC. The suit demanded damages for tortious interference with their business operations, punitive damages, and court costs. After trial, the chancellor awarded the Rouses an easement by prescription and ordered MERC to promptly restore the removed crossing, but dismissed the Rouses’ claim of tortious interference. The chancellor enjoined MERC from disturbing or interfering with the Rouses’ use of the easement so long as it did not disrupt the operation of the railroad’s business. MERC appeals. |
| Summary of Opinion Analysis: | MERC argues that the Rouses failed to meet their burden of proof as to prescriptive easement. The rights of the public to the use of the streets and public roads cannot be lost by adverse possession. In Mississippi, railroad tracks are considered public highways. Although the Supreme Court has consistently held that a railroad’s right-of-way may be adversely possessed, the portion of railroad right-of-way in actual use, that is, the tracks, is to be treated as a public highway, and title by adverse possession as to a part of the right-of-way may be acquired only if that portion is not being used. |
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