McCutchen v. Texas & P. Ry. Co.

Citations

• 118 La. 436
• 43 So. 42
• 1907 La. LEXIS 737

Syllabus

<p>1. Prescription — Railroad Right oe Way.</p> <p>Where the owner allows a railroad company to build a road upon his land and operate same for 20 years, he cannot reclaim the property free of the servitude, or interfere with the operation of the road.</p> <p>TEd. Note. — Eor cases in point, see Cent. Dig. vol. 33. Limitation of Actions, §§ 73-75; vol. 17, Easements, §§ 27-32; vol. 18, Eminent Domain, §§ 783-786.]</p> <p>2. Same — Personal Actions.</p> <p>Iiis right, if any he had, would resolve itself into an action for the recovery of the value of the land used and for damages to his adjacent land, in either case a personal action, barred by the prescription of 10 years.</p> <p>3. Eminent Domain — Recovery oe Damages —Rights to Vendee.</p> <p>Where a railroad company enters upon land with the consent or acquiescence of the owner, the right to recover the value of the land used, or to recover damages resulting from such entry, is a personal one, which does not pass to the vendee of the owner, unless it be so declared in terms.</p> <p>(Ed. Note. — Eor cases in point, see Cent. Dig. vol. 18, Eminent Domain, §§ 407-416, 789.]</p> <p>(Syllabus by the Court.)</p>