Smith v. Jeffcoat

SAYRE, J.(1) This was an action of trespass quare clausum fregit for that defendant entered unon plaintiff’s close and moved a storehouse, impairing the storehouse and breaking and destroying articles of personal property therein. Defendant justified under the authority of Birmingham, Ensley & Bessemer Railroad Company and a decree of the probate court condemning the realty to the use of said company for a right of way, authorizing it to construct, maintain, and oDerate thereon “a double track line of railroad over and upon the said land and through any building within said right of way,”…