Knoxville Ry. & Light Co. v. O'Fallen

It is true that, where a public service corporation takes land under condemnation proceedings, it is not a trespasser, and cannot he sued as such, but the remedy of the landowner is that only which is prescribed by the charter. Mitchell v. Turnpike Co., 22 Tenn. (3 Humph), 456; Tennessee & Alabama R. R. Co. v. Adams, 40 Tenn. (3 Head), 596; Colcough v. Nashville & N. W. R. Co., 39 Tenn. (2 Head), 171; Simms v. Memphis, Clarksville & Louisville R. Co., 59 Tenn. (12 Heisk.), 621. The same result would necessarily follow where condemnation proceedings were instituted under the general statutes…