Abernathy v. . R. R.

The plaintiff instituted this special proceeding against defendant pursuant to the provisions of section 2580, Revisal, for the purpose of finding and recovering compensation for the right of way over his land occupied and appropriated by defendant for "railroad purposes." He filed his petition before the clerk of the Superior Court, alleging that he was the owner in fee of the land, a description of which (99) is set out; that defendant has entered upon and built its track across said land, and appropriated pursuant to the power conferred by its charter 200 feet for its track, etc. He…