Alabama & Vicksburg Railway Co. v. Stingily

Citations

• 111 Miss. 237
• 71 So. 376

Syllabus

<p>1. Evidence. Presumptions. Title. Railroads. Construction. Lateral support of land. Damages.</p> <p>Where a railroad company has occupied and operated its railway over a tract of land for forty or fifty years, it will be presumed that it properly acquired the land for railroad purposes at the time the road was built.</p> <p>2. Raidroads. Construction. Lateral support of land. Damages.</p> <p>The landowner adjoining the right of way of a railroad company cannot recover damages for injuries caused by a proper use of the railroad property. For all of this he is supposed to have been paid in the proceedings by which the land was condemned for the right of way.</p> <p>3. Same.</p> <p>The right to lateral support may be lost by a grant inconsistent with its continuance.</p>