Carolina & N. W. Ry. Co. v. Alexander

(dissenting) : This is an action to enjoin an alleged encroachment by the authorities of the Town of Clover, upon the right of way claimed by the railroad company, in the construction of a hard-surfaced street through the town, parallel with the railroad track, on the east side thereof.

The railroad company alleges title to an easement of right of way, extending at right angle from the center of the track, 65 feet on each side. It, however, concedes that the town, for many years, has maintained a street upon a part of the right of way on the east side of the track, and does not now claim the…