Gudger v. Richmond & Danville Railroad

Citations

• 11 S.E. 515
• 106 N.C. 481

Syllabus

<p>Railroads — Right-of-way— Corporation— Trespass — Better-ments — Married Women — Damages—Statute of Limitations— Possession.</p> <p>1. The defendant, a railroad company, using a right-of-way over plaintiff ’s lands, erected buildings thereon and used them for a dinner-house for travelers and for its employees, and after some time tore them down. No proceedings for condemnation had been taken, other than the location and construction of the road by the company. More than two years elapsed after such location and construction before the buildings were torn down, and plaintiffs brought no action or other proceeding in this time to recover compensation for right-of-way, and defendant had made no effort to buy it. Some of the plaintiffs were married women and others minors: Held, that the direction of the Court, in an action for damages to real estate, to return a verdict for the defendant upon these facts, was not error.</p> <p>2. The defendant was not a trespasser, either when it erected or when it removed the buildings, and its using them for a dinner-house could not work a forfeiture of any portion of its right-of-way.</p> <p>3. The plaintiffs have no right to claim betterments for buildings erected by the defendant on its own right-of-way, even though they were the owners of the land over which it extended.</p> <p>4. The statute providing that it shall be presumed that the land over 'which the road may be constructed, together with 100 feet on either side thereof, has been granted by the owner, etcprovided he does not file petition for damages in two years, applies, though the defendant has not shown that it endeavored to purchase and failed to do so.</p> <p>■5. The statute excepts married women and minors only as to the time of filing petition for damages, they being allowed two years after disabilities removed.</p> <p>fi. More than two years having elapsed, after defendant went into possession of its right-of-way, before the bringing of this action, all plainti