Beck v. Louisville, New Orleans & Texas Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. I-Ion. Ralph North, Judge. G-. M. Klein was the owner of a certain tract of land in Warren County. In 1882 or 1883, the Louisville, New Orleans & Texas Railroad Company laid its track over and across the west end of this track, occupying a strip forty feet wide, without objection from Klein, and expecting to arrange the matter with him afterward.
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Appeal from the Circuit Court of Warren County. I-Ion. Ralph North, Judge. G-. M. Klein was the owner of a certain tract of land in Warren County. In 1882 or 1883, the Louisville, New Orleans & Texas Railroad Company laid its track over and across the west end of this track, occupying a strip forty feet wide, without objection from Klein, and expecting to arrange the matter with him afterward. The company never received a deed from Klein, but continued to use and occupy the land with his knowledge and acquiescence. Klein failed in business, and the whole of the tract of land was levied on and…
1Opinion of the CourtCampbell, J.
The liability of the railroad company for entering upon the land and building its road, without acquiring title to the right of way, was to the then owner, Klein. As the land afterwards became the property of the' appellant, she is entitled to recover it, and the price of acquiring the right of way must be paid to her. Building the road without securing the right of way was a trespass; but, if Klein had expressly licensed it by parol, such license would have been revocable at pleasure, and when his right to the land ceased, any license by him ended by the will of the new owner. Damages for an…
2Cited by9 opinions
- Liverman v. . R. R.Supreme Court of North Carolina · 1891
- Hill v. WoodwardMississippi Supreme Court · 1911
- Belzoni Oil Co. v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1908
- Reid v. HorneMississippi Supreme Court · 1966
- Livermon v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1891
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