112 Ga. 849 | Ga. | 1901
The plaintiffs below began an action against the railroad company to recover in ejectment a certain strip of land 300' feet wide and about one mile long, occupied by the defendant as. a right of way for its railroad track. When the case came on for trial, the plaintiffs acquiesced in a judgment to the effect that they could not maintain their action of ejectment. Thereupon they filed an amendment by which they sought to recover the money value of the premises in dispute. The bill of exceptions shows that this amendment was allowed over the defendant’s objection, but it is not here by cross-bill, or otherwise, alleging error in the allowance of this amendment. No question, therefore, is made as to the pleadings. At the conclusion of the evidence for the plaintiffs the defendant moved for a nonsuit, upon the ground, among others, that it appeared from their evidence that the plaintiffs purchased the land sued for after defendant’s railroad was constructed and put in operation thereon, and that, therefore, plaintiffs could not recover the value of the land. Plaintiffs were nonsuited, and thereupon excepted.
Judgment affirmed.