Lively v. Virginian Railway Co.

MilleR, Judge:

This action was brought by plaintiff against defendant some time prior to September 1925 for damages sustained by the alleged wrongful acts of the defendant, particularly set forth in the two counts of the declaration. In the-first count, it is averred that the plaintiff prior to the alleged trespass was the owner of certain tracts or parcels of land near Long Branch Station in Fayette County, bordering also on the right of way of the defendant’s main line of railroad, the said right of way having been acquired from the plaintiff and others by condemnation proceedings instituted…