Buck v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by F. B. Buck against thé Louisville & Nashville Railroad Company. From a.judgment for defendant, plaintiff appeals. The facts are sufficiently stated in the opinion.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by F. B. Buck against thé Louisville & Nashville Railroad Company. From a.judgment for defendant, plaintiff appeals. The facts are sufficiently stated in the opinion. The following charge, given at the request of the defendant, is the one referred to in the opinion: “(A) I charge you that, if you believe from the evidence that at the time of the filing of this suit the defendant was in adverse possession of the land on which were its tracks and roadbeds, the jury must find for the defendant,” Having taken actual…
1Opinion of the CourtAnderson, J.
In order to recover in trespass, the plaintiff must show possession of the land, actual or constructive, when the alleged trespass was committed. The plaintiff never showed any actual possession — possessio pedis — to the strip upon which defendant’s track *308was located, and therefore had to rely upon constructive possession given by his color, of title, in connection with his actual possession of a part of the land embraced in his deeds. There is no field of operation, however, for constructive possession of one when the land is in the actual possession of another. The plaintiff never went…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Garrett v. SewellSupreme Court of Alabama · 1895
3Cited by12 opinions
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Lehigh Portland Cement Co. v. DonaldsonSupreme Court of Alabama · 1935
- Griffin v. BozemanSupreme Court of Alabama · 1937
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