Savannah, Florida & Western Railway Co. v. Davis

Citations

• 25 Fla. 917

Syllabus

<p>1. Where a railroad company fails to comply with the provisions of the act of Congress granting the right of way to railroads through the public lands of the Uuited States, the company has no right to run its road through the land of a homesteader who had complied with the terms of the homestead law, although the homesteader had not at the time received his patent from the govern - ment, for the homesteader’s claim is, under such circumstances, superior to, and not subordinate to that of the company, and if the com any runs its road through Ms land i-' becomes a trespasser and is liable to ilie homesteader in an action for damages-</p> <p>2. A railroad company that has not complied with the terms of the act of Congress granting to railroad companies the right of way through the public lands, is not in a position to assail the title of a homesteader found in possesion of land through which the company desires to run its road.</p> <p>3. An action for trespass upon real property must be commenced within three years, otherwise it is barred by the statute of limitation, and a charge, that in a continuing trespass the statute does not begin to run at the time the cause of action accrued, but that the action might be brought at any time during the continuance of the trespass, and that the plaintiff could recover damages for the whole time whether the suit was commenced in the time prescribed by the statute or not, is erroneous.</p> <p>4. Where there is a continuing trespass, the party injured is entitled to recover any damages he may sustain in consequence of such trespass, at any time within three years before the commencement of suit, and he can bring successive suits against the defendant as long as the trespass is continued.</p>