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 Date: 12-08-2005 Opinion Author: Dickinson, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Real property - Prescriptive easement - Railroad tracks Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. Non Participating Judge(s): Diaz, J. |
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| Trial Court: |
Date of Trial Judgment: 02-20-2004 Appealed from: George County Chancery Court Judge: Jaye A. Bradley, Sr. Case Number: 2003-0193 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Export Railroad Company |
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| Appellee: | Malcolm E. Rouse and Edna F. Rouse |
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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 tracks |
| Summary of the Facts: | Malcolm and Edna Rouse, owners of Deep South Nursery, Inc., purchased approximately twenty acres in rural George County to expand their nursery business. Although no public road adjoins the Twenty Acres, 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 Twenty Acres with Karla Road. Deep South receives and delivers plants on 18-wheeler tractors with 46-foot trailers. The Rouses used the private dirt crossing to access the Twenty Acres and care for plants to prepare them for sale. Several years later, MERC provided the Rouses with 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. After MERC removed the crossing, the Rouses filed 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. 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 does not disrupt the operation of the railroad’s business. MERC appeals. |
| Summary of Opinion Analysis: | In Mississippi, railroad tracks are considered public highways. Mississippi precedent clearly prohibits a private individual from gaining an interest across a public highway by adverse possession or prescriptive easement. Therefore, a private party may not obtain a prescriptive easement across active railroad tracks, that is, tracks which carry persons or property for hire. |
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