Narron v. Wilmington & Weldon Railroad

Citations

• 29 S.E. 356
• 122 N.C. 856
• 1898 N.C. LEXIS 363

Syllabus

<p>Proceeding for Assessment of Damages for Bailroad Bight of Way — Easement — Adverse Possession — Statute of Limitations.</p> <p>1. Since a railroad is authorized by its charter under the State’s right of eminent domain to enter and occupy land for its right of way, it needs no grant from the owner of the soil, and, therefore, cannot acquire title to the easement by prescription.</p> <p>2. No one can grant an easement in land who cannot convey the fee simple.</p> <p>3. Where land was conveyed to a trustee for the separate use of a married woman, the latter and her husband cannot convey to a railroad company the right of way over the land.</p> <p>4. The Act of 1893 (Chapter 152, Sections 1 and 2), limiting actions for damages for occupation of land by a railroad company to five years and exempting from its operation companies chartered prior to 1868, is not in violation of the Fourteenth Amendment of the Constitution of the United States, prohibiting any State from denying to any person the equal protection of the laws.</p>