White v. Southern Railway Co.

(dissenting) : I think that the defendants’ motion for a directed verdict should have been' granted, and, therefore, respectfully dissent from the conclusion to the contrary, announced in the opinion of Mr. Justice Stabler, for the reasons which follow:

The action is for the recovery of damages on account of an alleged injury sustained by the plaintiff, the owner of certain lands abutting upon a public highway, in consequence .of the raising of the grade of the highway by the railroad company, in the construction of its railroad. The railroad, as constructed in part-upon lands combed to the…