Sparrow v. Dixie Leaf Tobacco Co.

The lessor railroad acquired its right of way under and by virtue of Sec. 27, Chap. 136, Laws 1852. It thus acquired and possesses nothing more than an easement for railroad purposes, with the right of actual possession of so much thereof as is necessary for the operation of its road and to carry on its business as a common carrier of freight and passengers with dispatch and convenience. R. R. v. Sturgeon, 120 N.C. 225; Shields v. R. R., 129 N.C. 1; R. R. v. Olive, 142 N.C. 257; Coit v. Owenby, 166 N.C. 136, 81 S.E. 1067; R. R. v. Manufacturing Co., 229 N.C. 695, 51 S.E. 2d 301; Anno. 94…