Smith v. Southern Railway—Carolina Division

Oxner, Justice.

The question for determination on this appeal is whether the evidence is sufficient to sustain a finding by the jury that respondents acquired title by adverse possession to a portion of appellant s right of way. The Southern Railway passes through a farm in Orangeburg County owned by respondents, father and son. In this area it is straight and runs north and south. It is conceded for the purpose of this case that appellant originally had fee simple title to a right of way through respondents’ farm extending 100 feet from the center of the track on each side. Respondents say…