65 Miss. 172 | Miss. | 1887
delivered the opinion of the Court.
The liability of the railroad company for entering upon the land and building its road, without acquiring title to the right of way, was to the then owner, Klein. As the land afterwards became the property of the' appellant, she is entitled to recover it, and the price of acquiring the right of way must be paid to her. Building the road without securing the right of way was a trespass; but, if Klein had expressly licensed it by parol, such license would have been revocable at pleasure, and when his right to the land ceased, any license by him ended by the will of the new owner. Damages for an unauthorized entry, and the price payable for the right of way secured according to law are •distinct things. The former, being an injury to the possession, accrues to the owner at the time. The latter must go to the owner at the time of fixing the price. It is true that the owner •at the time of the taking, ( according to law is meant,) is entitled to the damages (the price) assessed.
Reversed and remanded.