Tompkins v. Railroad Co.

Citations

• 33 S.C. 216
• 11 S.E. 692
• 1890 S.C. LEXIS 122

Syllabus

<p>In action against a railroad company to recover land upon which the company has built its road, the complaint fails to state facts sufficient to constitute a cause of action, where it omits to allege that the defendant entered upon the land without' taking the necessary steps preliminary to such entry. An allegation of entry without the owner’s consent is not sufficient, as such consent is not required by law, and allegations of unlawful possession are mere statements of legal conclusions, and not of traversable facts.</p>