Smith v. Southern Railway—Carolina Division

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[T]he use of a portion of a right of way by an individual which does not interfere with the use of the way for railroad purposes is presumptively permissive.”
• the mere enclosure of a part of a right of way forms no basis for a claim of hostile possession; but a refusal of a demand to remove a substantial fence from a railroad right of way is sufficient to put the railroad on notice of an assertion of hostile possession

Source: CourtListener parenthetical corpus (CC0).