Duck River Valley Narrow Gauge R. R. Co. v. Cochrane

This was an action begun by Cochrane in the circuit court to recover damages for land taken and appropriated by the railroad company in constructing its road across his farm. It is in form an ordinary action of trespass, one count of the declaration setting out substantially the facts of the case. The first question made is, that the remedy given by our statutes and by the charter of the company is exclusive of all ■other remedies.

It was held by this court in the case of John Calcough v. The N. & N. W. R. R. Co., 2 Head, 171, that the remedy pointed out by the charter was in general, not…