Pueblo & Arkansas Valley R. R. v. Beshoar

This action was brought by appellee against appellant to recover damages for a trespass upon the former’s “close.” The injuries averred and proven consisted in the damaging of fences, crops, irrigating ditches, etc., by the construction of appellant’s railroad upon and across the premises described in the complaint.

The motion for a non-suit should have been sustained by the court below.

Plaintiff made no effort to prove ownership of a possessory interest in the premises under our statutes relating to occupancy of the public domain. He relied upon a certain deed from one Mary Chene, which…