Mobile O. R. Co. v. Turner

The case was tried by the court, sitting without a jury, on counts 3, 4, and 6, claiming respectively for trespass to plaintiff’s land, for maintaining a nuisance as to her residence, and for a willful and malicious trespass to land.

The gravamen of the action is defendant’s conduct in dumping several hundred creosoted pilings on a strip of land lying between defendant’s main right of way and its side track, which strip is claimed by- plaintiff as her property.. The evidence fairly supports the special findings of the trial court- that the strip of land in question is the property of…