Atlantic Coast Line Railroad Co. v. Rutledge

The writ of error here was taken to a judgment awarding damages for the appropriation of, and injury to real estate by unlawfully excavating and constructing and using railroad tracks on the street in front of the property, which .reduced the value of the property as security for the mortgage lien on the property. The mortgage covered the fee to the middle of the street, subject, to use for street purposes. The declaration was in three counts. The first count was' eliminated. The plea is not guilty. This is not an action of trespass quare clausum fregit by the owner for forcible injury to the…