Atlanta & C. A. L. Ry. Co. v. Spartanburg Ry.

Citations

• 99 S.C. 299
• 83 S.E. 635

Syllabus

<p>Railroads. Eminent Domain. Statutes. Adverse Possession. Trespass.</p> <p>1. Railroads — Right of Wat — Acciuisition of Title. — Where railway companies, claiming title to a strip of land, did not take possession of same until 1872, they acquired no title to same under the act incorporating the Greenville & Columbia Railroad Company, passed December 15, 1845 (11 St. at Large, p. 324, sec. 2), and the act incorporating the Air Line Railway Company in South Carolina, passed December 20, 1856 (12 St. at Large, p. 510, sections 4, 5); it. being essential to the acquisition of title under the act of 1845 that 3,000 shares of stock in the company be subscribed for within thirteen months and that the railroad be commenced within two years and be completed within ten years after the shares should be subscribed, and the act of 1856 not operating to extend this time more than ten years.</p> <p>2. Injunction' — Use of Right of Wat — Ownership.—Where, in an action by railroad companies to enjoin another railroad company from using a portion of its right of way, it appeared that plaintiffs’ rights, if any, were based on actual possession, and there was no evidence that they ever had actual possession of the part of the land in dispute or that defendant’s use thereof would interfere with plaintiffs’ use, the injunction was properly denied.</p> <p>3. Use by the owner of lands over which a railroad company has a right of way is not adverse to the easement, unless it interferes with the enjoyment thereof.</p>