Arizona & Colorado Railroad v. Denver & Rio Grande Railroad

Citations

• 13 N.M. 345

Syllabus

<p>SYLLABUS.</p> <p>1. A corporation organized under the laws of New Mex-. ico for the purpose of constructing, maintaining and operating a railroad within the Territory, acquires an interest in a location which, in good faith, it has surveyed, staked out upon the ground, and adopted as its final location, or a portion thereof, sufficient to enable it to maintain an action against a trespasser thereon and will not until after the lapse of the reasonable time after final location allowed for filing, lose such interest by failure to file a map of the location, as required by law.</p> <p>2. An averment, by a railroad corporation organized under the laws of New Mexico, in a complaint for acts of trespass on its location, that it had “adopted such location” is sufficient as against demurrer, without the allegation that it was done by its hoard of directors, that being the method of adoption prescribed by law.</p> <p>3. Allegations of acts of trespass on the location of a railroad corporation, however numerous or continuous, do not amount to an admission that the trespasser is in possession of such location or any part thereof, or that the title to it is in dispute when it is also alleged that the complainant is in possession and that the trespasser is seeking to deprive it of its location and the possession thereof by such wrongful acts.</p> <p>4. A complaint which avers that one railroad corporation is, by repeated acts of trespass upon the location of another such corporation, seeking to deprive the latter of its location, without due process of law, and threatens to continue such acts for that purpose, that such location has been surveyed and established at great expense and is the best possible one between the points which the proposed railroad to he built upon it is designed to connect, although not the only good one available, that a multiplicity of suits will result if such acts are continued and irreparable damage will be caused if such purpose is accomplished, s