Jones v. New Orleans & Selma Railroad
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the lion. Jona. Haralson. It was a well-settled principle of the common law, that improvements erected on land by a trespasser passed .to the owner of the land, and could not be dissevered or removed by the trespasser, nor could he claim any compensation for them. — Mills on Eminent Domain, § 148 ; Washlmrn v. Sproat, 16 Mass. 449; Stillman v. Ilamer, 7 How.
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Appeal from the City Court of Selma. Tried before the lion. Jona. Haralson. It was a well-settled principle of the common law, that improvements erected on land by a trespasser passed .to the owner of the land, and could not be dissevered or removed by the trespasser, nor could he claim any compensation for them. — Mills on Eminent Domain, § 148 ; Washlmrn v. Sproat, 16 Mass. 449; Stillman v. Ilamer, 7 How. Miss. 421; United Slates v. Tract of Land, 47 Cal. 515. This salutary principle was applied to a railroad company, under circumstances very similar to the present case, in Q-raham v.…
1Opinion of the CourtBbickell, C. J.
This was a proceeding instituted by the appellee, a corporation created under the laws of this State, having authority to construct and maintain a railroad from New Orleans to Selma, to ascertain the compensation to be paid the appellant, for lands of which she was the owner, which had been taken and appropriated in the construction of the road. The appellee entered and constructed its road on the lands in *2301870, and lias since continued in the use thereof. The several assignments of error, relating exclusively to the rejection of evidence, raise but a single question, as is recognized by…
2Cases cited6 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Secombe v. Railroad Co.Supreme Court of the United States · 1874
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Finnell v. PittsSupreme Court of Alabama · 1930
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
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