Sanders v. Atlantic Coast Line Railroad

It may be that, under a liberal interpretation, the original complaint could be construed as an action as against the town to recover compensation for an interest in real property taken by a governmental agency for public use. If so, any doubt in respect thereto-is laid at rest by the amendment to the complaint in which it is alleged “that on account of the unlawful, wrongful and joint tortious conduct of the defendants in depriving the plaintiffs of their rights and easements in and to said part of said street as above set out, the defendant, the town of Smithfield, in unlawfully authorizing…