Southern Railway Co. v. Griffitts

This is a suit for damages under T. C. A. sec. 23-1423 providing:

“Action initiated by owner. — If, however, such person or company has actually take[n] possession of such land, occupying it for the purposes of internal improvement, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as hereinbefore provided; or he may sue for damages in the ordinary way, in which case the jury shall lay off the land by metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest. ’ ’

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