Lucas v. Southern Railway Co.

A petition alleged, that the plaintiff bought a certain tract of land, on the promise of the defendant (a railroad company) to put a sidetrack on it for his own use in carrying produce, sand, clay, and wood to a named city; that, after he had bought the land, the defendant complied with this promise by putting in a sidetrack; and that after ■allowing such track “to remain on his land for years,” the defendant removed the same without his consent and over his protest, thereby causing him damage by reason of being deprived of the use of said track; but the petition failed to allege that there…