Illinois Central Railroad v. Hoskins

Citations

• 80 Miss. 730

Syllabus

<p>1. Railroads. Ejectment against. Extent of recovery.</p> <p>Ejectment will lie against a railroad company to recover land upon which it has wrongfully entered and constructed its track; hut the plaintiff’s recovery, where the defendant acted in good faith, will be limited to the land itself, with compensation for any use to which the premises might reasonably have been put by him and a sum to cover all damages done thereto by the defendant; he cannot recover the track or any sum for the use thereof.</p> <p>3. Same. Bight to remove track. Spur track.</p> <p>A railroad track wrongfully constructed on land does not become a part of the freehold, and. upon ejection, the railroad company has the right to remove the track, and this right applies as well to a short spur track as to a trunk line.</p>