48 S.E. 674 | N.C. | 1904
This is a special proceeding brought by the plaintiff to recover damages to his land over which defendant corporation has located its track. There are a number of questions raised which we do not deem it necessary to consider. The pleadings and verdict of the jury establish the following facts: The road was originally located during 1893 over a tract of land which did not at that time belong to the plaintiff. The claim for damages on account of that entry and location is barred by the statute of limitations and is thus eliminated from the case. The defendant, within two years and prior to the purchase of the land by the plaintiff, relocated its road, changing its line so as to avoid a curve over the land purchased after such relocation by the plaintiff. The jury find that (299) by this entry and location the plaintiff has sustained one hundred and fifty dollars damage. The defendant moved in arrest of judgment, assigning quite a number of grounds therefor. The principal contention is that at the time of the entry and new location the land did not belong to the plaintiff, and that whatever damage was sustained belongs to the plaintiff's grantor; that plaintiff took the land subject to the burden. This Court has decided the question adversely to the defendant's contention. We can add nothing to the discussion of the question by SHEPHERD, J., in Livermon v. R. R.,
Modified and affirmed.
Cited: R. R. v. Olive,
(301)