Ryan v. Mississippi Valley & Ship Island Railroad

Citations

• 62 Miss. 162

Syllabus

<p>1. Railroad Company. Bight of way acquired by adverse possession. Extent thereof.</p> <p>A railroad company may acquire a right of way by adverse possession for ten years, the period prescribed by statute for the acquisition of title by adverse possession, but the right of way thus acquired is limited to thehompany’s actual occupancy where there is no paper title to extend its possession by construction.</p> <p>2. Same. Occupation of right of way. Extent of possession.</p> <p>And where the railroad company’s actual occupancy in such case is limited in breadth to two ditches on either side of its road-bed, they must betaken as the extent of its possession.</p> <p>3. Same. Sight of way extended. Inability for damages.</p> <p>If the railroad company should, by cutting down the outer banks of the ditches which limit its possession, as above stated, widen them, it will be liable to the owner of the land for the damages to him resulting from such widening, if he bring suit therefor within six years after the accrual of his right of action.</p> <p>4. Supreme Court Practice. Where error apparent, but not pointed out.</p> <p>Where the record in a case appealed to this court discloses error in instructions which were properly excepted to, and the action of the court in respect thereto is called in question by the assignment of errors, this court will decide the question, even though it was not specifically presented either in the court below or in this court.</p>