Louisville, New Orleans & Texas R. R. v. Dickson
Louisville, New Orleans & Texas R. R. v. Dickson
Opinion of the Court
delivered the opinion of the court.
The correct practice under the acts on the subject is to appoint the commissioners, when applied for, at once, and for them to perform the duties devolved on them. The law does not contemplate
The direction to the commissioners to include in their estimate of damages the value of the railroad upon the land is erroneous. On this subject we adopt the views held by the courts of Alabama, Michigan, Pennsylvania, Minnesota, and Wisconsin. Jones v. Railroad Co., 70 Ala. 227 ; Morgan’s Appeal, 39 Mich. 675; Railway Co. v. Dunlap, 47 Mich. 456 ; Greve v. Railway Co., 26 Minn. 66; Justice v. Railroad Co., 87 Pa. St. 28; Lyon v. Railway Co., 42 Wis. 538. See also Railroad Co., v. Matthews, 60 Texas 215.
The railroad company was a trespasser in constructing its road upon land over which it had not acquired the right of way, but it still had the right to acquire the right of way unaffected by the liability incurred for its trespass. The trespass committed is not involved in the determination of the due compensation. The continuing right of the company to secure the right of way, in accordance with its charter, and the nature of its entry on the land and annexing chattels to the soil distinguish the case from that of a trespasser who affixes chattels to the freehold, and the rule of the common law, established when railroads were unknown, is not applicable. Answerability by the company for its trespass in the appropriate action, and “ due compensation ” in the proceedings for condemnation of the right of way, constitute the full measure of the right of the landowner.
Reversed and remanded, with directions for the appointment of commissioners, as prescribed by law.
Reference
- Full Case Name
- Louisville, New Orleans and Texas R. R. Co. v. W. A. Dickson Louisville, New Orleans and Texas R. R. Co. v. Julia A. Smiley New Orleans, Baton Rouge, Vicksburg and Memphis R. R. Co. v. A. E. Dickson
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- 12 cases
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- Syllabus
- 1. Railroad. Might of way. Proceedings to condemn. Appointment of commissioners. Act of 1882. Session laws of 1882, page 920, construed,. Under an act of incorporation of a railroad company, which provides that the appointment of commissioners to assess damages in favor of parties over whose land a right of way is sought to be condemned shall be made by the Chancellor, and in vacation by the chancery clerk, it is the duty of the Chancellor on proper application to appoint such commissioners at once, whose duty it is to proceed immediately to assess the damages. The statute does not contemplate the delay of a chancery suit with all of its incidents as the means of initiating the contest between the parties as to the “ due compensation” to the owner. 2. Same. Might of way. Measure of damages. Mailroad company distinguished from ordinary trespasser. Where a railroad company, without having acquired a right of way, enters upon land, and constructs its road thereon, and afterward proceeds to have the right of way over such land condemned, the landowner is not entitled to have the value of the improvements constituting the railroad placed on his land included in the amount of damages awarded in such proceeding. For such railroad company, though a trespasser, still has the right under its charter to acquire a right of way by condemnation, unaffected by its liability for the trespass. The rule of the common law as to a trespasser who affixes chattels to the freehold does not apply to a railroad company, whose liability is limited to damages for the trespass and “ due compensation,” recoverable in the proceeding appropriate to each.