Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1

The mere construction and use of a hard surfaced or other public highway longitudinally upon the unused portion of a railroad right of way may not ordinarily be re garcled as an adverse user, but as a continuing permissive use subject to the lawful and reasonable demands of the railroad company, should the space occupied by the public highway become necessary for proper railroad purposes, before the public acquires a right to use a part of the railroad right of way by condemnation or other lawful means. An injunction does not appear to be the appropriate remedy, even if complainant has title…